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Full text of "Title 5, United States Code, government organization and employees"

V4 



^°) 



95th Congress 1 
2d Session / 



COMMITTEE PRINT 



Print No. 
95-22 



TITLE 5, UNITED STATES CODE 

Government Organization 
and Employees 



PREPARED BY THE 

COMMITTEE ON 

POST OFFICE AND CIVIL SERVICE 

HOUSE OF REPKESENTATIVES 




DECEMBER 1978 



Printed for the use of the 
Committee on Pqfet Office and Civil Service 




**» e in, 



A 



"SSSer} COMMITTEE PKINT { *™N* 



TITLE 5, UNITED STATES CODE 

Government Organization 
and Employees 



PREPARED BY THE 

COMMITTEE ON 

POST OFFICE AND CIVIL SERVICE 

HOUSE OF REPKESENTATIVES 




DECEMBER 1978 



Printed for the use of the 
Committee on Post Office and Civil Service 



U.S. GOVERNMENT PRINTING OFFICE 
35-550 WASHINGTON : 1978 



For sale by the Superintendent of Documents, U.S. Government Printing Office 
Washington, D.C. 20402 



COMMITTEE ON POST OFFICE AND CIVIL SERVICE 



ROBERT N. C. NIX, Pennsylvania, Chairman 
MORRIS K. UDALL, Arizona, Vice Chairman 



JAMES M. HANLEY, New York 
CHARLES H. WILSON, California 
RICHARD C. WHITE, Texas 
WILLIAM D. FORD, Michigan 
WILLIAM (BILL) CLAY, Missouri 
PATRICIA SCHROEDER, Colorado 
WILLIAM LEHMAN, Florida 
GLADYS NOON SPELLMAN, Maryland 
HERBERT E. HARRIS II, Virginia 
STEPHEN J. SOLARZ, New Jersey 
MICHAEL O. MYERS, Pennsylvania 
CECIL (CEC) HEFTEL, Hawaii 
ROBERT GARCIA, New York 



EDWARD J. DERWINSKI, Illinois 
JOHN H. ROUSSELOT, California 
JAMES M. COLLINS, Texas 
GENE TAYLOR, Missouri 
BENJAMIN A. OILMAN, New York 
TRENT LOTT, Mississippi 
JIM LEACH, Iowa 
TOM CORCORAN, Illinois 



David Minton, Executive Director and General Counsel 

Theodore J. Kazy, Minority Staff Director 

Robert E. Lockhart, Deputy General Counsel 

J. Pierce Myers, Assistant General Counsel 

Herman Thompson, Assistant General Counsel 

James Cregan, Assistant General Counsel 



(H) 



NOTE 

This Committee Print No. 95-22 of title 5, United States Code, re- 
lating to government organization and employees, includes amend- 
ments made to that title through November 10, 1978. It replaces all 
previous committee prints. 

(in) 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/title5uniteunit 



TABLE OF CONTENTS * 



PART I— THE AGENCIES GENERALLY 
Chapter 1 — Organization 

Sec. 

101. Executive departments. 

102. Military departments. 

103. Government corporation. 

104. Independent establishment. 

105. Executive agency. 

Chapter 3 — Powers 

301. Departmental regulations. 

302. Delegation of authority. 

303. Oaths to witnesses. 

304. Subpenas. 

305. Systematic agency review of operations. 

Chapter 5 — Administrative Procedure 
surchapter i — general provisions 

500. Administrative practice ; general provisions. 

501. Advertising practice ; restrictions. 

502. Administrative practice ; Reserves and National Guardsmen. 

503. Witness fees and allowances. 

SURCHAPTER II — ADMINISTRATIVE PROCEDURE 

551. Definitions. 

552. Public information ; agency rules, opinions, orders, records, and proceedings. 
552a. Records about individuals. 

552b. Open meetings. 

553. Rule making. 

554. Adjudications. 

555. Ancillary matters. 

556. Hearings ; presiding employees ; powers and duties ; burden of proof ; 

evidence ; record as basis of decision. 

557. Initial decisions ; conclusiveness ; review by agency ; submissions by par- 

ties ; contents of decisions ; record. 

558. Imposition of sanctions ; determination of applications for licenses ; suspen- 

sion, revocation, and expiration of licenses. 

559. Effect on other laws ; effect of subsequent statute. 

SURCHAPTER III — ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 

571. Purpose. 

572. Definitions. 

573. Administrative Conference of the United States. 

574. Powers and duties of the Conference. 

575. Organization of the Conference. 

576. Appropriations. 

Chapter 7 — Judicial Review 

701. Application; definitions. 

702. Right of review. 

•Included for the convenience of the reader and is not part of title 5, United States Code. 

(V) 



Contents vi 



Sec. 

703. Form and venue of proceeding. 

704. Actions reviewable. 

705. Relief pending review. 

706. Scope of review. 

Chapter 9 — Executive Reorganization 

901. Purpose. 

902. Definitions. 

903. Reorganization plans. 

904. Additional contents of reorganization plan. 

905. Limitations on powers. 

906. Effective date and publications of reorganization plans. 

907. Effect on other laws, pending legal proceedings, and unexpended appro- 

priations. 

908. Rules of Senate and House of Representatives on reorganization plans. 

909. Terms of resolution. 

910. Introduction and reference of resolution. 

911. Discharge of committee considering resolution. 

912. Procedure after report or discharge of committee; debate; vote on final 

disapproval. 

PART II— CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES 
Chapter 11 — Office of Personnel Management 

1101. Office of Personnel Management. 

1102. Director ; Deputy Director ; Associate Directors. 

1103. Functions of the Director. 

1104. Delegation of authority for personnel management. 

1105. Administrative procedure. 

Chapter 12 — Merit Systems Protection Board and Special Counsel 

1201. Appointment of members of the Merit Systems Protection Board. 

1202. Term of office ; filling vacancies ; removal. 

1203. Chairman ; Vice Chairman. 

1204. Special Counsel ; appointment and removal. 

1205. Powers and functions of the Merit Systems Protection Board and Special 

Counsel. 

1206. Authority and responsibilities of the Special Counsel. 

1207. Hearings and decisions on complaints filed by the Special Counsel. 

1208. Stays of certain personnel actions. 

1209. Information. 

Chapter 13 — Special Authority 

1301. Rules. 

1302. Regulations. 

1303. Investigations; reports. 

1304. Loyalty investigations ; reports ; revolving fund. 

1305. Administrative law judges. 

1306. Oaths to witnesses. 

1307. Minutes. 

1308. Annual reports. 

Chapter 15 — Political Activity of Certain State and Local Employees 

1501. Definitions. 

1502. Influencing elections; taking part in political campaigns; prohibitions; 

exceptions. 

1503. Nonpartisan candidacies permitted. 

1504. Investigations ; notice of hearing. 

150."). Healings ; adjudications ; notice of determinations. 

1500. Orders ; withholding loans or grants ; limitations. 

1507. Subpenas and depositions. 

1508. Judicial review. 



vii Contents 

PART III— EMPLOYEES 
SUBPART A— GENERAL PROVISIONS 

Chapter 21 — Definitions 
Sec. 

2101. Civil service ; armed forces ; uniformed services. 
2101a. The Senior Executive Service. 

2102. The competitive service. 

2103. The excepted service. 

2104. Officer. 

2105. Employee. 

2106. Member of Congress. 

2107. Congressional employee. 

2108. Veteran ; disabled veteran ; preference eligible. 

2109. Air traffic controller. 

Chapter 23 — Merit System Principles 

2301. Merit system principles. 

2302. Prohibited personnel practices. 

2303. Prohibited personnel practices in the Federal Bureau of Investigatioa 

2304. Responsibility of the General Accounting Office. 

2305. Coordination with certain other provisions of law. 

Chapter 29 — Commissions, Oaths, Records, and Reports 
subchapter i — commissions, oaths, and records 

2901. Commission of an officer. 

2902. Commission ; where recorded. 

2903. Oath ; authority to administer. 

2904. Oath ; administered without fees. 

2905. Oath ; renewal. 

2906. Oath; custody. 

subchapter ii — reports 

2951. Reports to the Office of Personnel Management. 

2952. Time of making annual reports. 

2953. Reports to Congress on additional employee requirements. 

2954. Information to committees of Congress on request. 

SUBPART B— EMPLOYMENT AND RETENTION 

Chapter 31 — Authority for Employment 

subchapter i — employment authorities 

3101. General authority to employ. 

3102. Employment of reading assistants for blind employees and interpreting 

assistants for deaf employees. 

3103. Employment at seat of Government only for services rendered. 

3104. Employment of specially qualified scientific and professional personnel. 

3105. Appointment of administrative law judges. 

3106. Employment of attorneys ; restrictions. 

3107. Employment of publicity experts ; restrictions. 

3108. Employment of detective agencies ; restrictions. 

3109. Employment of experts and consultants ; temporary or intermittent. 

3110. Employment of relatives ; restrictions. 

3111. Acceptance of volunteer service. 

3112. Disabled veterans ; noncompetitive appointment. 

SUBCHAPTER II THE SENIOR EXECUTIVE SERVICE 

3131. The Senior Executive Service. 

3132. Definitions and exclusions. 

3133. Authorization of positions ; authority for appointment. 

3134. Limitations on noncareer and limited appointments. 

3135. Biennial report. 

3136. Regulations. 



Contents viii 

Chapter 33 — Examination, Selection, and Placement 

subchapter i — examination, certification, and appointment 
Sec. 

3301. Civil service ; generally. 

3302. Competitive service ; rules. 

3303. Competitive service ; recommendations of Senators or Representatives. 

3304. Competitive service ; examinations. 

3304a. Competitive service ; career appointment after 3 years' temporary service. 

3305. Competitive service ; examinations ; when held. 

3306. [Repealed.] 

3307. Competitive service ; maximum-age entrance requirements ; exceptions. 

3308. Competitive service ; examinations ; educational requirements prohibited ; 

exceptions. 

3309. Preference eligibles ; examinations ; additional points for. 

3310. Preference eligibles ; examinations ; guards, elevator operators, messen- 

gers, and custodians. 

3311. Preference eligibles ; examinations ; crediting experience. 

3312. Preference eligibles ; physical qualifications ; waiver. 

3313. Competitive service ; registers of eligibles. 

3314. Registers ; preference eligibles who redesigned. 

3315. Registers ; preference eligibles f urloughed or separated. 
3315a. [Repealed.] 

3316. Preference eligibles ; reinstatement. 

3317. Competitive service ; certification from registers. 

3318. Competitive service ; selection from certificates. 

3319. [Repealed.] 

3320. Excepted service ; government of the District of Columbia ; selection. 

3321. Competitive service ; probationary period. 

3322. [Repealed.] 

3323. Automatic separations ; reappointment ; reemployment of annuitants. 

3324. Appointments at GS-16. 17, and 18. 

3325. Appointments to scientific and professional positions. 

3326. Appointments of retired members of the armed forces to positions in the 

Department of Defense. 

3327. Civil service employment information. 

SUBCHAPTER II — OATH OF OFFICE 

3331. Oath of office. 

3332. Officer affidavit ; no consideration paid for appointment. 

3333. Employee affidavit ; loyalty and striking against the Government. 

SUBCHAPTER HI — DETAILS 

3341. Details ; within Executive or military departments. 

3342. [Repealed.] 

3343. Details ; to international organizations. 

3344. Details ; administrative law judges. 

3345. Details ; to office of head of Executive or military department. 

3346. Details ; to subordinate offices. 

3347. Details ; Presidential authority. 

3348. Details ; limited in time. 

3349. Details ; to fill vacancies ; restrictions. 

SUBCHAPTER IV — TRANSFERS ' 

3351. Preference eligibles ; transfer ; physical qualifications ; waiver. 

SUBCHAPTER V — PROMOTION 

3361. Promotion; competitive service ; examination. 

'.YMY1. Promotion ; effect of incentive award. 

3363. Preference eligibles; promotion; physical qualifications; waiver. 

3364. [Repealed.] 



ix Contents 



subchapter vi assignments to and from states 

Sec. 

3371. Definitions. 

3372. General provisions. 

3373. Assignments of employees to State or local governments. 

3374. Assignments of employees from State or local governments. 

3375. Travel expenses. 

3376. Regulations. 

SUBCHAPTER VII — AIR TRAFFIC CONTROLLERS 

3381. Training. 

3382. Involuntary separation for retirement. 

3383. Determinations ; review procedures. 

3384. Regulations. 

3385. Effect on other authority. 

SUBCHAPTER VIII — APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN 
THE SENIOR EXECUTIVE SERVICE 

3391. Definitions. 

3392. General appointment provisions. 

3393. Career appointments. 

3394. Noncareer and limited appointments. 

3395. Reassignment and transfer within the Senior Executive Service. 

3396. Development for and within the Senior Executive Service. 

3397. Regulations. 

Chapter 34 — Part-Time Career Employment Opportunities 

3401. Definitions. 

3402. Establishment of part-time career employment programs. 

3403. Limitations. 

3404. Personnel ceilings. 

3405. Nonapplicability. 

3406. Regulations. 

3407. Reports. 

3408. Employee organization representation. 

Chapter 35 — Retention Preference, Restoration, and Reemployment 
surchapter i — retention preference 

3501. Definitions; application. 

3502. Order of retention. 

3503. Transfer of functions. 

3504. Preference eligibles ; retention ; physical qualifications ; waiver. 

SUBCHAPTER II RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY 

3551. Restoration ; Reserves and National Guardsmen. 

SUBCHAPTER III — REINSTATEMENT OF RESTORATION AFTER SUSPENSION OR REMOVAL 

FOR NATIONAL SECURITY 

3571. Reinstatement or restoration; individuals suspended or removed for 
national security. 

SUBCHAPTER IV REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL 

ORGANIZATION 

3581. Definitions. 

3582. Rights of transferring employees. 

3583. Computations. 

3584. Regulations. 



Contents 



subchapter v removal, reinstatement, and guaranteed placement in the 

senior executive service 
Sec 

3591. Definitions. 

3592. Removal from the Senior Executive Service. 

3593. Reinstatement in the Senior Executive Service. 

3594. Guaranteed placement in other personnel systems. 

3595. Regulations. 

SUBPART C— EMPLOYEE PERFORMANCE 

Chapter 41 — Training 

4101. Definitions. 

4102. Exceptions ; Presidential authority. 

4103. Establishment of training programs. 
1104. Government facilities ; use of. 

4105. Non-Government facilities ; use of. 

4106. Non-Government facilities ; amount of training limited. 

4107. Non-Government facilities ; restrictions. 

4108. Employee agreements ; service after training. 

4109. Expenses of training. 

4110. Expenses of attendance at meetings. 

4111. Acceptance of contributions, awards, and other payments. 

4112. Absorption of costs within funds available. 

4113. Agency review of training needs ; annual program reports. 

4114. Non-Government facilities ; review of training programs. 

4115. Collection of training information. 

4116. Training program assistance. 

4117. Administration. 

4118. Regulations. 

Chapter 43 — Performance Appraisal 

subchapter i — general provisions 

4301. Definitions. 

4302. Establishment of performance appraisal systems. 

4303. Actions based on unacceptable performance. 

4304. Responsibilities of Office of Personnel Management. 

4305. Regulations. 

SUBCHAPTER II — PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE 

4311. Definitions. 

4312. Senior Executive Service performance appraisal systems. 

4313. Criteria for performance appraisals. 

4314. Ratings for performance appraisals. 

4315. Regulations. 

Chapter 45 — Incentive Awards 

4501. Definitions. 

4502. General provisions. 

4503. Agency awards. 

4504. Presidential awards. 

4505. Awards to former employees. 

4506. Regulations. 

4507. Awarding of ranks in the Senior Executive Service. 

Chapter 47 — Personnel Research Programs and Demonstration Projects 

4701. Definitions. 

4702. Research programs. 

4703. Demonstration projects. 

4704. Allocation of funds. 

4705. Reports. 

4706. Regulations. 



xi Contents 

SUBPART D— PAY AND ALLOWANCES 

Chapter 51 — Classification 
Sec. 

5101. Purpose. 

5102. Definitions; application. 

5103. Determination of applicability. 

5104. Basis for grading positions. 

5105. Standards for classification of positions. 

5106. Basis for classifying positions. 

5107. Classification of positions. 

5108. Classification of positions at GS-16, 17, and 18. 

5109. Positions classified by statute. 

5110. Review of classification of positions. 

5111. Revocation and restoration of authority to classify positions. 

5112. General authority of the Office of Personnel Management. 

5113. Classification records. 

5114. Reports ; positions in GS-16, 17, and 18. 

5115. Regulations. 

Chapter 53 — Pay Rates and Systems 

SUBCHAPTER I — PAY COMPARABILITY SYSTEM 

5301. Policy. 

5302. [Repealed.] 

5303. Higher minimum rates ; Presidential authority. 

5304. Presidential policies and regulations. 

5305. Annual pay reports and adjustments. 

5306. Advisory Committee on Federal Pay. 

5307. Pay fixed by administrative action. 

5308. Pay limitation. 

SUBCHAPTER II EXECUTIVE SCHEDULE PAY RATES 

5311. The Executive Schedule. 

5312. Positions at level I. 

5313. Positions at level II. 

5314. Positions at level III. 

5315. Positions at level IV. 

5316. Positions at level V. 

5317. Presidential authority to place positions at levels IV and V. 

5318. Adjustments in rates of pay. 

SUBCHAPTER III GENERAL SCHEDULE PAY RATES 

5331. Definitions ; application. 

5332. The General Schedule. 

5333. Minimum rate for new appointments ; higher rates for supervisors of 

wage-board employees. 

5334. Rate on change of position or type of appointment ; regulations. 

5335. Periodic step-increases. 

5336. Additional step-increases. 

5337. [Repealed.] 

5338. Regulations. 

SUBCHAPTER IV PREVAILING RATE SYSTEMS 

5341. Policy. 

5342. Definitions ; application. 

5343. Prevailing rate determinations ; wage schedules ; night differentials. 

5344. Effective date of wage increase ; retroactive pay. 

5345. [Repealed.] 

5346. Job grading system. 

5347. Federal Prevailing Rate Advisory Committee. 

5348. Crews of vessels. 

5349. Prevailing rate employees ; legislative, judicial, Bureau of Engraving and 

Printing, and Government of the District of Columbia. 



Contents xii 



subchapter v — student-employees 
Sec. 

5351. Definitions. 

5352. Stipends. 

5353. Quarters, subsistence, and laundry. 

5354. Effect of detail or affiliations ; travel expenses. 

5355. Effect on other statutes. 

5356. Appropriations. 

SUBCHAPTER VI — GRADE AND PAY RETENTION 

5361. Definitions. 

5362. Grade retention following a change of positions or reclassification. 

5363. Pay retention. 

5364. Remedial actions. 

5365. Regulations. 

5366. Appeals. 

SUBCHAPTER VII — MISCELLANEOUS PROVISIONS 

5371. Scientific and professional positions. 

5372. Administrative law judges. 

5373. Limitation on pay fixed by administrative action. 

5374. Miscellaneous positions in the executive branch. 

5375. Police force of National Zoological Park. 

SUBCHAPTER VIII PAY FOR THE SENIOR EXECUTIVE SERVICE 

5381. Definitions. 

5382. Establishment and adjustment of rates of pay for the Senior Executive 

Service. 

5383. Setting individual senior executive pay. 

5384. Performance awards in the Senior Executive Service. 

5385. Regulations. 

Chapter 54 — Merit Pay and Cash Awards 

5401. Purpose. 

5402. Merit pay system. 

5403. Cash award program. 

5404. Report. 

5405. Regulations. 

Chapter 55 — Pay Administration 
subchapter i general provisions 

5501. Disposition of money accruing from lapsed salaries or unused appropria- 

tions for salaries. 

5502. Unauthorized office ; prohibition on use of funds. 

5503. Recess appointments. 

5504. Biweekly pay periods ; computation of pay. 

5505. Monthly pay periods ; computation of pay. 

5506. Computation of extra pay based on standard or daylight saving time. 

5507. Officer affidavit ; condition to pay 

5508. Officer entitled to leave ; effect on pay status. 

5509. Appropriations. 

SUBCHAPTER II — WITHHOLDING PAY 

5511. Withholding pay ; employees removed for cause. 

5512. Withholding pay ; individuals in arrears. 

5513. Withholding pay ; credit disallowed or charge raised for payment. 

5514. Installment deduction for indebtedness because of erroneous payment. 

5515. Crediting amounts received for jury or witness service. 

5516. Withholding District of Columbia income taxes. 

5517. Withholding State income taxes. 

5518. Deductions for State retirement systems ; National Guard employees. 

5519. Crediting amounts received for certain Reserve or National Guard service. 

5520. Wiithholding of city of county income or employment taxes. 



XIII 



Contents 



subchapter iii — advancement, allotment, and assignment of pay 
Sec. 

5521. Definitions. 

5522. Advance payments ; rates ; amounts recoverable. 

5523. Duration of payments ; rates ; active service period. 

5524. Review of accounts. 

5525. Allotment and assignment of pay. 

5526. Funds available on reimbursable basis. 

5527. Regulations. 

SUBCHAPTER IV — DUAL PAY AND DUAL EMPLOYMENT 

5531. Definitions. 

5532. Employment of retired members of the uniformed service; reduction in 

retired or retainer pay.". 

5533. Dual pay from more than one position ; limitations ; exceptions. 

5534. Dual employment and pay of Reserves and National Guardsmen. 

5534a. Dual employment and pay during terminal leave from uniformed services. 

5535. Extra pay for details prohibited. 

5536. Extra pay for extra services prohibited. 

5537. Fees for jury and witness service. 

SUBCHAPTER V — PREMIUM PAY 

5541. Definitions. 

5542. Overtime rates ; computation. 

5543. Compensatory time off. 

5544. Wage-board overtime and Sunday rates ; computation. 

5545. Night, standby, irregular, and hazardous duty differential. 

5546. Pay for Sunday and holiday work. 

5547. Limitation on premium pay. 

5548. Regulations. 

5549. Effect on other statutes. 

5550. Pay for Sunday and overtime work; employees of nonappropriated fund 

instrumentalities. 
5550a. Compensatory time off for religious observances. 

SUBCHAPTER VI — PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE 

5551. Lump-sum payment for accumulated and accrued leave on separation. 

5552. Lump-sum payment for accumulated and accrued leave on entering active 

duty ; election. 

SUBCHAPTER VII — PAYMENTS TO MISSING EMPLOYEES 

5561. Definitions. 

5562. Pay and allowances ; continuance while in a missing status ; limitations. 

5563. Allotments ; continuance, suspension, initiation, resumption, or increase 

while in a missing status ; limitations. 

5564. Travel and transportation ; dependents ; household and personal effects ; 

motor vehicles ; sale of bulky items ; claims for proceeds ; appropriation 
chargeable. 

5565. Agency review. 

5566. Agency determinations. 

5567. Settlement of accounts. 

5568. Income tax deferment. 

SUBCHAPTER VILT — SETTLEMENT OF ACCOUNTS 

5581. Definitions. 

5582. Designation of beneficiary ; order of precedence. 

5583. Payment of money due ; settlement of accounts. 

5584. Claims for overpayment of pay and allowances, other than travel and 

transportation expenses and allowances and relocation expenses. 

SUBCHAPTER IX — SEVERANCE PAY AND BACK PAY 

5591— 

5594. [Repealed.] 

5595. Severance pay. 

5596. Back pay due to unjustified personnel action. 



Contents xiv 



Chapter 57 — Travel, Transportation, and Subsistence 
subchapter i — travel and subsistence expenses; mileage allowances 

Sec. 

5701. Definitions. 

5702. Per diem ; employee traveling on official business. 

5703. Per diem, travel, and transportation expenses ; experts and consultants ; 

individuals serving without pay. 

5704. Mileage and related allowances. 

5705. Advancements and deductions. 

5706. Allowable travel expenses. 

5707. Regulations and reports. 

5708. Effect on other statutes. 

5709. Air evacuation patients : furnished subsistence. 

subchapter n — travel and transportation expenses ; new appointees, 

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES 

5721. Definitions. 

5722. Travel and transportaiton expenses of new appointees ; posts of duty out- 

side the continental United States. 

5723. Travel and transportation expenses of new appointees and student train- 

ees ; manpower shortage positions. 

5724. Travel and transportation expenses of employees transferred; advance- 

ment of funds ; reimbursement on commuted basis. 
5724a. Relocation expenses of employees transferred or reemployed. 

5725. Transportation expenses ; employees assigned to danger areas. 

5726. Storage expenses ; household goods and personal effects. 

5727. Transportation of motor vehicles. 

5728. Travel and transportation expenses ; vacation leave. 

5729. Transportation expenses ; prior return of family. 

5730. Funds available. 

5731. Expenses limited to lowest first-class rate. 

5732. General average contribution ; payment of reimbursement. 

5733. Expeditious travel. 

SUBCHAPTER III — TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS 

5741. General prohibition. 

5742. Transportation of remains, dependents, and effects ; death occurring away 

from official station or abroad. 

SUBCHAPTER IV — MISCELLANEOUS PROVISIONS 

5751. Travel expenses of witnesses. 

5752. Travel expenses of Senior Executive Service candidates. 

Chapter 59 — Allowances 
subchapter i — uniforms 

5901. Uniform allowances. 

5902. Increase in maximum uniform allowance. 

5903. Regulations. 

SUBCHAPTER II — QUARTERS 

5911. Quarters and facilities; employees in the United States. 

5912. Quarters in Government owned or rented buildings ; employees in foreign 

countries. 

5913. Official residence expenses. 

SUBCHAPTER III OVERSEAS DIFFERENTIALS AND ALLOWANCES 

5921. Definitions. 

5922. General provisions. 

5923. Quarters allowances. 

5924. Cost-of-living allowances. 

5925. Post differentials. 

5926. Compensatory time off at certain posts in foreign areas. 



xv Contents 



subchapter iv miscellaneous allowances 

Sec. 

5941. Allowances based on living costs and conditions of environment; em- 

ployees stationed outside continental United States or in Alaska. 

5942. Allowance based on duty at remote worksites. 

5943. Foreign currency appreciation allowances. 

5944. Illness and burial expenses ; native employees in foreign countries. 

5945. Notary public commission expenses. 

5946. Membership fees; expenses of attendance at meetings; limitations. 

5947. Quarters, subsistence, and allowances for employees of the Corps of Engi- 

neers, Department of the Army, engaged in floating plant operations. 

5948. Physicians comparability allowances. 

SUBPART E— ATTENDANCE AND DEAVE 
Chapter 61 — Hours of Work 

6101. Basic 40-hour workweek ; work schedules ; regulations. 

6102. [Repealed.] 

6103. Holidays. 

6104. Holidays ; daily, hourly, and piece-work basis employees. 

6105. Closing of Executive departments. 

6106. Time clocks ; restrictions. 

Chapter 63 — Leave 

SUBCHAPTER I ANNUAL AND SICK LEAVE 

6301. Definitions. 

6302. General provisions. 

6303. Annual leave ; accrual. 

6304. Annual leave ; accumulation. 

6305. Home leave ; leave for Chiefs of Missions ; leave for crews of vessels. 

6306. Annual leave ; refund of lump-sum payment ; recredit of annual leave. 

6307. Sick leave; accrual and accumulation. 

6308. Transfers between positions under different leave systems. 

6309. [Repealed.] 

6310. Leave of absence ; aliens. 

6311. Regulations. 

6312. Accrual and accumulation for former ASCS county office employees. 

SUBCHAPTER II — OTHER PAID LEAVE 

6321. Absence of veterans to attend funeral services. 

6322. Leave for jury or witness service ; official duty status for certain witness 

service. 

6323. Military leave ; Reserves and National Guardsmen. 

6324. Absence of certain police and firemen. 

6325. Absence resulting from hostile action abroad. 

6326. Absence in connection with funerals of immediate relatives in the Armed 

Forces. 

SUBPART F— LABOR-MANAGEMENT AND EMPLOYEE RELATIONS 

Chapter 71 — Labor-Management Relations 

subchapter i general provisions 

7101. Findings and purpose. 

7102. Employees' rights. 

7103. Definitions; application. 

7104. Federal Labor Relations Authority. 

7105. Powers and duties of the Authority. 

7106. Management rights. 



Contents xvl 



subchapter ii rights and duties of agencies and labor organizations 

Sec. 

7111. Exclusive recognition of labor organizations. 

7112. Determination of appropriate units for labor organization representation. 

7113. National consultation rights. 

7114. Representation rights and duties. 

7115. Allotments to representatives. 

7116. Unfair labor practices. 

7117. Duty to bargain in good faith ; compelling need ; duty to consult. 

7118. Prevention of unfair labor practices. 

7119. Negotiation impasses ; Federal Service Impasses Panel. 

7120. Standards of conduct for labor organizations. 

SUBCHAPTER III — GRIEVANCES, APPEALS, AND REVIEW 

7121. Grievance procedures. 

7122. Exceptions to arbitral awards. 

7123. Judicial review ; enforcement. 

SUBCHAPTER IV ADMINISTRATIVE AND OTHER PROVISIONS 

7131. Official time. 

7132. Subpenas. 

7133. Compilation and publication of data. 

7134. Regulations. 

7135. Continuation of existing laws, recognitions, agreements, and procedures. 

Chapter 72 — Antidiscrimination ; Right to Petition Congress 
subchapter i — antidiscrimination in employment 

7201. Antidiscrimination policy ; minority recruitment program. 

7202. Marital status. 

7203. Handicapping condition. 

7204. Other prohibitions. 

SUBCHAPTER II — EMPLOYEES' RIGHT TO PETITION CONGRESS 

7211. Employees' right to petition Congress. 

Chapter 73 — Suitability, Security, and Conduct 
subchapter i — regulation of conduct 
7301. Presidential regulations. 

SUBCHAPTER II — EMPLOYMENT LIMITATIONS 

7311. Loyalty and striking. 

7312. Employment and clearance ; individuals removed for national security. 

7313. Riots and civil disorders. 

SUBCHAPTER III — POLITICAL ACTIVITIES 

7321. Political contributions and services. 

7322. Political use of authority or influence ; prohibition. 

7323. Political contributions ; prohibition. 

7324. Influencing elections; taking part in political campaigns; prohibitions; 

exceptions. 

7325. Penalties. 

7320. Nonpartisan political activity permitted. 

7327. Political activity permitted ; employees residing in certain municipalities. 

SUBCHAPTER IV — FOREIGN GIFTS AND DECORATIONS 

7341. [Repealed.] 

7342. Receipt and disposition of foreign gifts and decorations. 



xvii Contents 



subchapter v — misconduct 
Sec. 

7351. Gifts to superiors. 

7352. Excessive and habitual use of intoxicants. 

Chapter 75 — Adverse Actions 
subchapter i suspension of 14 days or less 

7501. Definitions. 

7502. Actions covered. 

7503. Cause and procedure. 

7504. Regulations. 

SUBCHAPTER II REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 

GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS 

7511. Definitions ; application. 

7512. Actions covered. 

7513. Cause and procedure. 

7514. Regulations. 

SUBCHAPTER III — ADMINISTRATIVE LAW JUDGES 

7521. Actions against administrative law judges. 

SUBCHAPTER IV NATIONAL SECURITY 

7531. Definitions. 

7532. Suspension and removal. 

7533. Effect on other statutes. 

SUBCHAPTER V — SENIOR EXECUTIVE SERVICE 

7541. Definitions. 

7542. Actions covered. 

7543. Cause and procedure. 

Chapter 77 — Appeals 

7701. Appellate procedures. 

7702. Actions involving discrimination. 

7703. Judicial review of decisions of the Merit Systems Protection Board. 

Chapter 79 — Services to Employees 

7901. Health service programs. 

7902. Safety programs. 

7903. Protective clothing and eqquipment. 

SUBPART G— INSURANCE AND ANNUITIES 

Chapter 81 — Compensation for Work Injuries 

SUBCHAPTER I — GENERALLY 

8101. Definitions. 

8102. Compensation for disability or death of employee. 

8103. Medical services and initial medical and other benefits. 

8104. Vocational rehabilitation. 

8105. Total disability. 

8106. Partial disability. 

8107. Compensation schedule. 

8108. Reduction of compensation for subsequent injury to same member. 

8109. Beneficiaries of awards unpaid at death; order of precedence. 

8110. Augmented compensation for dependents. 

8111. Additional compensation for services of attendants or vocational rehabili- 

tation. 



'55-550 O - 79 



Contents xviii 



Sec. 

8112. Maximum and minimum monthly payments. 

8113. Increase or decrease of basic compensation. 

8114. Computation of pay. 

8115. Determination of wage-earning capacity. 

8116. Limitations on right to receive compensation. 

8117. Time of accrual of right. 

8118. Continuation of pay ; election to use annual or sick leave. 

8119. Notice of injury or death. 

8120. Report of injury. 

8121. Claim. 

8122. Time for making claim. 

8123. Physical examinations. 

8124. Findings and award ; hearings. 

8125. Misbehavior at proceedings. 

8126. Subpenas ; oaths ; examination of witnesses. 

8127. Representation ; attorneys' fees. 

8128. Review of award. 

8129. Recovery of overpayments. 

8130. Assignment of claim. 

8131. Subrogation of the United States. 

8132. Adjustment after recovery from a third person. 

8133. Compensation in case of death. 

8134. Funeral expenses ; transportation of body. 

8135. Lump-sum payment. 

8136. Initial payments outside the United States. 

8137. Compensation for noncitizens and nonresidents. 

8138. Minimum limit modification for noncitizens and aliens. 

8139. Employees of the District of Columbia. 

8140. Members of the Reserve Officers' Training Corps. 

8141. Civil Air Patrol volunteers. 

8142. Peace Corps volunteers. 

8143. Job Corps enrollees; volunteers in service to America. 
8143a. Members of the National Teacher Corps. 

8144. Student-employees. 

8145. Administration. 

8146. Administration for the Canal Zone and The Alaska Railroad. 
8146a. Cost-of-living adjustment of compensation. 

8147. Employees' Compensation Fund. 

8148. [Repealed.] 

8149. Regulations. 

8150. Effect on other statutes. 

8151. Civil Service retention rights. 

SXTBCHAPTEB II — EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES 

8171. Compensation for work injuries ; generally. 

8172. Employees not citizens or residents of the United States. 

8173. Liability under this subchapter exclusive. 

SUBCHAPTER III LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES 

8191. Detention of eligibility. 

8192. Benefits. 

8193. Administration. 

Chapter 83 — Retibement 

subchapteb i genebal pbovisions 

8301. Uniform retirement date. 

8311. Definitions 

8312. Conviction of certain offenses. 

8313. Absence from the United States to avoid prosecution. 



xix Contents 



Sec. 

8314. Refusal to testify. 

8315. Falsifying employment applications. 

8316. Refund of contributions and deposits. 

8317. Repayment of annuity or retired pay properly paid ; waiver. 

8318. Restoration of annuity or retired pay. 

8319. Removal of members of the uniformed services from rolls ; restoration ; 

reappointment. 

8320. Offense or violation committed in compliance with orders. 

8321. Liability of accountable employees. 

8322. Effect on other statutes. 

SUBCHAPTER in — CIVIL SERVICE RETIREMENT 

8331. Definitions. 

8332. Creditable service. 

8333. Eligibility for annuity. 

8334. Deductions, contributions, and deposits. 

8335. Mandatory separation. 

8336. Immediate retirement. 

8337. Disability retirement. 

8338. Deferred retirement. 

8339. Computation of annuity. 

8340. Cost-of-living adjustment of annuities. 

8341. Survivor annuities. 

8342. Lump-sum benefits ; designation of beneficiary ; order of precedence. 

8343. Additional annuities ; voluntary contributions. 

8344. Annuities and pay on reemployment. 

8345. Payment of benefits ; commencement, termination, and waiver of annuity. 

8346. Exemption from legal process ; recovery of payments. 

8347. Administration ; regulations. 

8348. Civil Service Retirement and Disability Fund. 

Chapter 85 — Unemployment Compensation 
subchapter i — employees generally 

8501. Definitions. 

8502. Compensation under State agreement. 

8503. Compensation absent State agreement. 

8504. Assignment of Federal service and wages. 

8505. Payments to States. 

8506. Dissemination of information. 

8507. False statements and misrepresentations. 

8508. Regulations. 

SUBCHAPTER II EX-SERVICEMEN 

8521. Definitions ; application. 

8522. Assignment of Federal service and wages. 

8523. Dissemination of information. 

8524. [Repealed.] 

8525. Effect on other statutes. 

Chapter 87 — Life Insurance 

8701. Definition. 

8702. Automatic coverage. 

8703. Benefit certificate. 

8704. Group insurance ; amounts. 

8705. Death claims ; order of precedence ; escheat. 

8706. Termination of insurance. 

8707. Employee deductions ; withholding. 

8708. Government contributions. 

8709. Insurance policies. 

8710. Reinsurance. 

8711. Basic tables of premium rates. 



Contents xx 



Sec. 

8712. Annual accounting ; special contingency reserve. 

8713. Advisory committee. 

8714. Employees' Life Insurance Fund. 
8714a. Optional insurance. 

8715. Jurisdiction of courts. 

8716. Regulations. 

Chapter 89 — Health Insurance 

8901. Definitions. 

8902. Contracting authority. 

8903. Health benefits plans. 

8904. Types of benefits. 

8905. Election of coverage. 

8906. Contributions. 

8907. Information to employees. 

8908. Coverage of restored employees and survivor annuitants. 

8909. Employees Health Benefits Fund. 

8910. Studies, reports and audits. 

8911. Advisory committee. 

8912. Jurisdiction of courts. 

8913. Regulations. 



TITLE 5, UNITED STATES CODE 

Government Organization and Employees 



(i) 



PART I— THE AGENCIES GENERALLY 

Chapter Sec. 

1 — Organization 101 

3— Powers 301 

5 — Administrative Procedure 501 

7 — Judicial Review 701 

9 — Executive Reorganization 901 

(3) 



Sec. 101 



CHAPTER 1— ORGANIZATION 

Sec. 

101. Executive departments. 

102. Military departments. 

103. Government corporation. 

104. Independent establishment. 

105. Executive agency. 

§ 101. Executive departments 

The Executive departments are : 

The Department of State. 

The Department of the Treasury. 

The Department of Defense. 

The Department of Justice. 

The Department of the Interior. 

The Department of Agriculture. 

The Department of Commerce. 

The Department of Labor. 

The Department of Health, Education, and Welfare. 

The Department of Housing and Urban Development. 

The Department of Transportation. 

The Department of Energy. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, amended Pub. L. 89-670, 
§ 10(b), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91-375, § 6(c) (1), Aug. 12 
1970, 84 Stat. 775; Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 609.) 

§102. Military departments 

The military departments are : 
The Department of the Army. 
The Department of the Navy. 
The Department of the Air Force. 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat, 378.) 

§103. Government corporation 

For the purpose of this title — 

(1) "Government corporation" means a corporation owned or 
controlled by the Government of the United States ; and 

(2) "Government controlled corporation" does not include a 
corporation owned by the Government of the United States. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 378.) 

§104. Independent establishment 

For the purpose of this title, "independent establishment" means — 
(1) an establishment in the executive branch (other than the 
United States Postal Service or the Postal Rate Commission) 
which is not an Executive department, military department. Gov- 
ernment corporation, or part thereof, or part of an independent 
establishment; and 



Sec. 105 6 

( 2 ) The General Accounting Office. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379, amended Pub. L. 91-375, 
§ 6(c) (2), Aug. 12, 1970, 84 Stat. 775.) 

§105. Executive agency 

For the purpose of this title, "Executive agency" means an Execu- 
tive department, a Government corporation, and an independent es- 
tablishment. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) 



Sec. 301 



CHAPTER 3— POWERS 

Sec. 

301. Departmental regulations. 

302. Delegation of authority. 

303. Oaths to witnesses. 

304. Subpenas. 

305. Systematic agency review of operations. 

§301. Departmental regulations 

The head of an Executive department or military department may 
prescribe regulations for the government of his department, the con- 
duct of its employees, the distribution and performance of its busi- 
ness, and the custody, use, and preservation of its records, papers, 
and property. This section does not authorize withholding informa- 
tion from the public or limiting the availability of records to the 
public. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) 

§302. Delegation of authority 

(a) For the purpose of this section, "agency" has the meaning 
given it by section 5721 of this title. 

(b) In addition to the authority to delegate, conferred by other 
law, the head of an agency may delegate to subordinate officials the 
authority vested in him — 

(1) by law to take final action on matters pertainijng to the 
employment, direction, and general administration of personnel 
under his agency ; and 

(2) by section 3702 of title 44 to authorize the publication of 
advertisements, notices, or proposals. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379, amended Pub. L. 94-183, 
§ 2(1) , Dec. 31, 1975, 89 Stat. 1057.) 

§303. Oaths to witnesses 

(a) An employee of an Executive department lawfully assigned to 
investigate frauds on or attempts to defraud the United States, or 
irregularity or misconduct of an employee or agent of the United 
States, may administer an oath to a witness attending to testify or 
depose in the course of the investigation. 

(b) An employee of the Department of Defense lawfully assigned 
to investigative duties may administer oaths to witnesses in connec- 
tion with an official investigation. (Pub. L. 89-554, Sept, 6, 1966, 80 
Stat. 379, amended Pub. L. 94-213, Feb. 13, 1976, 90 Stat. 179.) 

§304. Subpenas 

(a) The head of an Executive department or military department 
or bureau thereof in which a claim against the United States is pend- 
ing may apply to a judge or clerk of a court of the United States to 
issue a subpena for a witness within the jurisdiction of the court to 
appear at a time and place stated in the subpena before an individual 
authorized to take depositions to be used in the courts of the United 



Sec. 305 8 

States, to give full and true answers to such written interrogatories 
and cross-interrogatories as may be submitted with the application, or 
to be orally examined and cross-examined on the subject of the claim, 
(b) If a witness, after being served with a subpena, neglects or 
refuses to appear, or appearing, refuses to testify, the judge of the 
district in which the subpena issued may proceed, on proper process, 
to enforce obedience to the subpena, or to punish for disobedience, 
in the same manner as a court of the United States may in case of 
process of subpena ad testificandum issued bv the court. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 379.) 

§305. Systematic agency review of operations 

(a) For the purpose of this section, "agency" means an Executive 
agency, but does not include — 

( 1 ) a Government controlled corporation ; 

(2) the Tennessee Valley Authority ; 

(3) The Alaska Railroad ; 

(4) the Virgin Islands Corporation ; 

( 5 ) the Atomic Energy Commission ; 

(6) the Central Intelligence Agency ; 

(7) the Panama Canal Company ; or 

(8) the National Security Agency, Department of Defense. 

(b) Under regulations prescribed and administered by the Direc- 
tor of the Bureau of the Budget, each agency shall review systemat- 
ically the operations of each of its activities, functions, or organiza- 
tion units, on a continuing basis. 

(c) The purpose of the reviews includes — 

(1) determining the degree of efficiency and economy in the 
operation of the agency's activities, functions, or organization 
units ; 

(2) identifying the units that are outstanding in those respects ; 
and 

(3) identifying the employees whose personal efforts have 
caused their units to be outstanding in efficiency and economy of 
operations. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 380.) 



CHAPTER 5— ADMINISTRATIVE PROCEDURE 

SUBCHAPTER I— GENERAL PROVISIONS 

Sec. 

500. Administrative practice ; general provisions. 

501. Advertising practice ; restrictions. 

502. Administrative practice ; Reserves and National Guardsmen. 

503. Witness fees and allowances. 

SUBCHAPTER II— ADMINISTRATIVE PROCEDURE 

551. Definitions. 

552. Public information ; agency rules, opinions, orders, records, and proceedings. 
552a. Records about individuals. 

552b. Open meetings. 

553. Rule making. 

554. Adjudications. 

555. Ancillary matters. 

556. Hearings ; presiding employees ; powers and duties ; burden of proof ; 

evidence ; record as basis of decision. 

557. Initial decisions ; conclusiveness ; review by agency ; submissions by 

parties ; contents of decisions ; record. 

558. Imposition of sanctions ; determination of applications for licenses ; sus- 

pension, revocation, and expiration of licenses. 

559. Effect on other laws ; effect of subsequent statute. 

SUBCHAPTER III— ADMINISTRATIVE CONFERENCE 
OF THE UNITED STATES 

571. Purpose. 

572. Definitions. 

573. Administrative Conference of the United States. 

574. Powers and duties of the Conference. 

575. Organization of the Conference. 

576. Appropriations. 

(9) 



Sec. 500 10 



SUBCHAPTER I— GENERAL PROVISIONS 

§500. Administrative practice; general provisions 

( a ) For the purpose of this section — 

(1) "agency" has the meaning given it by section 551 of this 
title; and 

(2) "State" means a State, a territory or possession of the 
United States including a Commonwealth, or the District of 
Columbia. 

(b) An individual who is a member in good standing of the bar 
of the highest court of a State may represent a person before an 
agency on filing with the agency a written declaration that he is 
currently qualified as provided by this subsection and is authorized 
to represent the particular person in whose behalf he acts. 

(c) An individual who is duly qualified to practice as a certified 
public accountant in a State may represent a person before the Internal 
Revenue Service of the Treasury Department on filing with that 
agency a written declaration that he is currently qualified as provided 
by this subsection and is authorized to represent the particular person 
in whose behalf he acts. 

(d) This section does not — 

( 1 ) grant or deny to an individual who is not qualified as pro- 
vided by subsection (b) or (c) of this section the right to appear 
for or represent a person before an agency or in an agency 
proceeding ; 

(2) authorize or limit the discipline, including disbarment, 
of individuals who appear in a representative capacity before an 
agency; 

(3) authorize an individual who is a former employee of an 
agency to represent a person before an agency when the repre- 
sentation is prohibited by statute or regulation ; or 

(4) prevent an agency from requiring a power of attorney as 
a condition to the settlement of a controversy involving the pay- 
ment of money. 

(e) Subsections (b)-(d) of this section do not apply to practice 
before the Patent Office with respect to patent matters that continue 
to be covered by chapter 3 (sections 31-33) of title 35. 

(f ) When a participant in a matter before an agency is represented 
by an individual qualified under subsection (b) or (c) of this section, 
a notice or other written communication required or permitted to be 
given the participant in the matter shall be given to the representa- 
tive in addition to any other service specifically required by statute. 
When a participant is represented by more than one such qualified 
representative, service on any one of the representatives is sufficient. 
(Added Pub. L. 90-83, § 1(1) (A), Sept. 11, 1967, 81 Stat. 195.) 






11 Sec. 503 

§501. Advertising practice; restrictions 

An individual, firm, or corporation practicing before an agency 
of the United States may not use the name of a Member of either 
House of Congress or of an individual in the service of the United 
States in advertising the business. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 381.) 

§502. Administrative practice; Reserves and National Guards- 
men 

Membership in a reserve component of the armed forces or in the 
National Guard does not prevent an individual from practicing his 
civilian profession or occupation before, or in connection with, an 
agency of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 381.) 

§503. Witness fees and allowances 

(a) For the purpose of this section, "agency" has the meaning given 
it by section 5721 of this title. 

(b) A witness is entitled to the fees and allowances allowed by 
statute for witnesses in the courts of the United States when — 

(1) he is subpenaed under section 304(a) of this title; or 

(2) he is subpenaed to and appears at a hearing before an 
agency authorized by law to hold hearings and subpena witnesses 
to attend the hearings. 

(Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 381 J 



Sec. 551 12 



SUBCHAPTEK II— ADMINISTRATIVE PROCEDURE 

§551. Definitions 

For the purpose of this subchapter — 

(1) "agency" means each authority of the Government of the 
United States, whether or not it is within or subject to review by 
another agency, but does not include — 

(A) the Congress; 

(B ) the courts of the United States ; 

(C) the governments of the territories or possessions of the 
United States ; 

(D) the Government of the District of Columbia; 

or except as to the requirements of section 552 of this title — 

(E) agencies composed of representatives of the parties or 
of representatives of organizations of the parties to the 
disputes determined by them ; 

(F) courts martial and military commissions ; 

(G) military authority exercised in the field in time of war 
or in occupied territory ; or 

(H) functions conferred by sections 1738, 1739, 1743, and 
1744 of title 12; chapter 2 of title 41; or sections 1622, 1884, 
1891-1902, and former section 1641(b)(2), of title 50, 
appendix ; 

(2) "person" includes an individual, partnership, corporation, 
association, or public or private organization other than an 
agency; 

(3) "party" includes a person or agency named or admitted as 
a party, or properly seeking and entitled as of right to be ad- 
mitted as a party, in an agency proceeding, and a person or 
agency admitted by an agency as a party for limited purposes; 

(4) "rule" means the whole or a part of an agency statement of 
general or particular applicability and future effect desigjned to 
implement, interpret, or prescribe law or policy or describing the 
organization, procedure, or practice requirements of an agency ] 
and includes the approval or prescription for the future of rates, 
wages, corporate or financial structures or reorganizations thereof, 
prices, facilities, appliances, services or allowances therefor or 
of valuations, costs, or accounting, or practices bearing on any of i 
the foregoing; 

(5) "rule making" means agency process for formulating, 
amending, or repealing a rule ; 

(6) "order" means the whole or a part of a final disposition 
whether affirmative, negative, injunctive, or declaratory in form, 
of an agency in a matter other than rule making but including 
licensing ; 

(7) "adjudication" means agency process for the formulation 
of an order ; 



13 Sec. 552 

(8) "license" includes the whole or a part of an agency permit, 
certificate, approval, registration, charter, membership, statutory 
exemption or other form of permission ; 

(9) "licensing" includes agency process respecting the grant, re- 
newal, denial, revocation, suspension, annulment, withdrawal, 
limitation, amendment, modification, or conditioning of a license ; 

(10) "sanction" includes the whole or a part of an agency— 

(A) prohibition requirement, limitation, or other condition 
affecting the freedom of a person ; 

(B) withholding of relief ; 

(C) imposition of penalty or fine ; 

(D) destruction, taking, seizure, or withholding of 
property ; 

(E) assessment of damages, reimbursement, restitution, 
compensation, costs, charges, or fees ; 

(F) requirement, revocation, or suspension of a license; or 

(G) taking other compulsory or restrictive action ; 

(11) "relief" includes the whole or a part of an agency — 

(A) grant of money, assistance, license, authority, exemp- 
tion, exception, privilege, or remedy; 

(B) recognition of a claim, right, immunity, privilege, ex- 
emption, or exception ; or 

(C) taking of other action on the application or petition of, 
and beneficial to, a person ; 

(12) "agency proceedings" means an agency process as defined 
by paragraphs (5), (7), and (9) of this section; 

(13) "agency action" includes the whole or a part of an agency 
rule, order, license, sanction, relief, or the equivalent or denial 
thereof, or failure to act ; and 

(14) "ex parte communication" means an oral or written com- 
munication not on the public record with respect to which reason- 
able prior notice to all parties is not given, but it shall not include 
requests for status reports on any matter or proceeding covered by 
this subchapter. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381; amended Pub. L. 94-409. 
Sept. 13, 1976, 90 Stat. 1247.) 

{ § 552. Public information ; agency rules, opinions, orders, records, 
j and proceedings 

(a) Each agency shall make available to the public information as 
| follows : 

s (1) Each agency shall separately state and currently publish in 

:. the Federal Register for the guidance of the public — 

(A) descriptions of its central and field organization and 
the established places at which, the employees (and in the 
case of a uniformed service, the members) from whom, and 
the methods whereby, the public may obtain information, 
make submittals or requests, or obtain decisions ; 

(B) statements of the general course and method by which 
its functions are channeled and determined, including the 
nature and requirements of all formal and informal proce- 
dures available ; 



35-550 O - 79 - 3 



Sec. 552 14 

(C) rules of procedure, descriptions of forms available or 
the places at which forms may be obtained, and instructions 
as to the scope and contents of all papers, reports, or exam- 
inations ; 

(D) substantive rules of general applicability adopted as 
authorized by law, and statements of general policy or inter- 
pretations of general applicability formulated and adopted 
by the agency ; and 

(E) each amendment, revision, or repeal of the foregoing. 
Except to the extent that a person has actual and timely notice of 
the terms thereof, a person may not in any manner be required to 
resort to, or be adversely affected by, a matter required to be pub- 
lished in the Federal Register and not so published. For the pur- 
pose of this paragraph, matter reasonably available to the class of 
persons affected thereby is deemed published in the Federal Regis- 
ter when incorporated by reference therein with the approval of 
the Director of the Federal Register. 

(2) Each agency, in accordance with published rules, shall make 
available for public inspection and copying — 

(A) final opinions, including concurring and dissenting 
opinions, as well as orders, made in the adjudication of cases ; 

(B) those statements of policy and interpretations which 
have been adopted by the agency and are not published in the 
Federal Register; and 

(C) administrative staff manuals and instructions to staff 
that affect a member of the public ; 

unless the materials are promptly published and copies offered for 
sale. To the extent required to prevent a clearly unwarranted inva- 
sion of personal privacy, an agency may delete identifying details 
when it makes available or publishes an opinion, statement of 
policy, interpretation, or staff manual or instruction. However, in 
each case the justification for the deletion shall be explained fully 
in writing. Each agency shall also maintain and make available 
for public inspection and copying current indexes providing 
identifying information for the public as to any matter issued, 
adopted, or promulgated after July 4, 1967, and required by this 
paragraph to be made available or published. Each agency shall 
promptly publish, quarterly or more frequently, and distribute 
(by sale or otherwise) copies of each index or supplements thereto 
unless it determines by order published in the Federal Register 
that the publication would be unnecessary and impracticable, in 
which case the agency shall nonetheless provide copies of such 
index on request at a cost not to exceed the direct cost of dupli- 
cation. A final order, opinion, statement of policy, interpretation, 
or staff manual or instruction that affects a member of the public 
may be relied on, used, or cited as precedent by an agency against 
a party other than an agency only if — 

(i) it has been indexed and either made available or pub- 
lished as provided by this paragraph; or 

(ii) the party has actual and timely notice of the terms 
thereof. 

(3) Except with respect to the records made available under 
paragraphs (1) and (2) of this subsection, each agency, upon any 



15 Sec. 552 

request for records which (A) reasonably describes such records 
and (B) is made in accordance with published rules stating the 
time, place, fees (if any), and procedures to be followed, shall 
make the records promptly available to any person. 

(4) (A) In order to carry out the provisions of this section, 
each agency shall promulgate regulations, pursuant to notice and 
receipt of public comments, specifying a uniform schedule of fees 
applicable to all constituent units of such agency. Such fees shall 
be limited to reasonable standard charges for document search and 
duplication and provide for recovery of only the direct costs of 
such search and duplication. Documents shall be furnished with- 
out charge or at a reduced charge where the agency determines 
that waiver or reduction of the fee is in the public interest because 
furnishing the information can be considered as primarily bene- 
fiting the general public. 

(B) On complaint, the district court of the United States in 
the district in which the complainant resides, or has his principal 
place of business, or in which the agency records are situated, or 
in the District of Columbia, has jurisdiction to enjoin the agency 
from withholding agency records and to order the production of 
any agency records improperly withheld from the complainant. In 
such a case the court shall determine the matter de novo, and 
may examine the contents of such agency records in camera to 
determine whether such records or any part thereof shall be with- 
held under any of the exemptions set forth in subsection (b) of 
this section, and the burden is on the agency to sustain its action. 

(C) Notwithstanding any other provision of law, the defend- 
ant shall serve an answer or otherwise plead to any complaint 
made under this subsection within thirty days after service upon 
the defendant of the pleading in which such complaint is made, 
unless the court otherwise directs for good cause shown. 

(D) Except as to cases the court considers of greater impor- 
tance, proceedings before the district court, as authorized by this 
subsection, and appeals therefrom, take precedence on the docket 
over all cases and shall be assigned for hearing and trial or for 
argument at the earliest practicable date and expedited in every 
way. 

(E) The court may assess against the United States reasonable 
attorney fees and other litigation costs reasonably incurred in any 
case under this section in which the complainant has substantially 
prevailed. 

(F) Whenever the court orders the production of any agency 
records improperly withheld from the complainant and assesses 
against the United States reasonable attorney fees and other liti- 
gation costs, and the court additionally issues a written finding 
that the circumstances surrounding the withholding raise ques- 
tions whether agency personnel acting arbitrarily or capriciously 
with respect to the withholding, the Special Counsel shall 
promptly initiate a proceeding to determine whether disciplinary 
action is warranted against the officer or employee who was pri- 
marily responsible for the withholding. The Special Counsel, after 
investigation and consideration of the evidence submitted, shall 
submit his findings and recommendations to the administrative 



Sec. 552 16 

authority of the agency concerned and shall send copies of the 
findings and recommendations to the officer or employee 
or his representative. The administrative authority shall take the 
corrective action that the Special Counsel recommends. 

(G) In the event of noncompliance with the order of the court, 
the district court may punish for contempt the responsible em- 
ployee, and in the case of a uniformed service, the responsible 
member. 

(5) Each agency having more than one member shall maintain 
and make available for public inspection a record of the final votes 
of each member in every agency proceeding. 

(6) (A) Each agency, upon any request for records made under 
paragraph (1), (2), or (3) of this subsection, shall — 

(i) determine within ten days (excepting Saturdays, Sun- 
days, and legal public holidays) after the receipt of any such 
request whether to comply with such request and shall im- 
mediately notify the person making such request of such de- 
termination and the reasons therefor, and of the right of such 
person to appeal to the head of the agency any adverse deter- 
mination; and 

(ii) make a determination with respect to any appeal 
within twenty days (excepting Saturdays, Sundays, and legal 
public holidays) after the receipt of such appeal. If on appeal 
the denial of the request for records is in whole or in part 
upheld, the agency shall notify the person making such re- 
quest of the provisions for judicial review of that determina- 
tion under paragraph (4) of this subsection. 

(B) In unusual circumstances as specified in this subpara- 
graph, the time limits prescribed in either clause (i) or clause (ii) 
of subparagraph (A) may be extended by written notice to the 
person making such request setting forth the reasons for such 
extension and the date on which a determination is expected to be 
dispatched. No such notice shall specify a date that would result 
in an extension for more than ten working days. As used in this 
subparagraph, "unusual circumstances" means, but only to the 
extent reasonably necessary to the proper processing of the par- 
ticular request — 

(i) the need to search for and collect the requested records 
from field facilities or other establishments that are separate 
from the office processing the request ; 

(ii) the need to search for, collect, and appropriately ex- 
amine a voluminous amount of separate and distinct records 
which are demanded in a single request ; or 

(iii) the need for consultation, which shall be conducted 
with all practicable speed, with another agency having a sub- 
stantial interest in the determination of the request or among 
two or more components of the agency having substantial 
subject-matter interest therein. 

(C) Any person making a request to any agency for records 
under paragraph (1), (2), or (3) of this subsection shall be 
deemed to have exhausted his administrative remedies with re- 
spect to such request if the agency fails to comply with the appli- 



< 



17 Sec. 552 

cable time limit provisions of this paragraph. If the Government 
can show exceptional circumstances exist and that the agency is 
exercising due diligence in responding to the request, the court 
may retain jurisdiction and allow the agency additional time to 
complete its review of the records. Upon any determination by an 
agency to comply with a request for records, the records shall be 
made promptly available to such person making such request. Any 
notification of denial of any request for records under this sub- 
section shall set forth the names and titles or positions of each 
person responsible for the denial of such request, 
(b) This section does not apply to matters that are — 

(1) (A) specifically authorized under criteria established by 
an Executive order to be kept secret in the interest of national de- 
fense or foreign policy and (B) are in fact properly classified 
pursuant to such Executive order ; 

(2) related solely to the internal personnel rules and practices 
of an agency ; 

(3) specifically exempted from disclosure by statute (other 
than section 552b of this title), provided that such statute (A) 
requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or (B) establishes 
particular criteria for withholding or refers to particular types 
of matters to be withheld ; 

(4) trade secrets and commercial or financial information ob- 
tained from a person and privileged or confidential ; 

(5) inter- agency or intra-agency memorandums or letters 
which would not be available by law to a party other than an 
agency in litigation with the agency ; 

(6) personnel and medical files and similar files the disclosure 
of which would constitute a clearly unwarranted invasion of per- 
sonal privacy ; 

(7) investigatory records compiled for law enforcement pur- 
poses, but only to the extent that the production of such records 
would (A) interfere with enforcement proceedings, (B) deprive 
a person of a right to a fair trial or an impartial adjudication, 
(C) constitute an unwarranted invasion of personal privacy, (D) 
disclose the identity of a confidential source and, in the case of a 
record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a 
lawful national security intelligence investigation, confidential 
information furnished only by the confidential source, (E) dis- 
close investigative techniques and procedures, or (F) endanger 
the life or physical safety of law enforcement personnel ; 

(8) contained in or related to examination, operating, or con- 
dition reports prepared by, on behalf of, or for the use of an 
agency responsible for the regulation or supervision of financial 
institutions; or 

(9) geological and geophysical information and data, includ- 
ing maps, concerning wells. 

Any reasonably segregable portion of a record shall be provided to 
any person requesting such record after deletion of the portions which 
are exempt under this subsection. 



Sec. 552a 18 

(c) This section does not authorize withholding of information or 
limit the availability of records to the public, except as specifically 
stated in this section. This section is not authority to withhold infor- 
mation from Congress. 

(d) On or before March 1 of each calendar year, each agency shall 
submit a report covering the preceding calendar year to the Speaker 
of the House of Representatives and President of the Senate for re- 
ferral to the appropriate committees of the Congress. The report shall 
include — 

(1) the number of determinations made by such agency not 
to comply with requests for records made to such agency under 
subsection (a) and the reasons for each such determination; 

(2) the number of appeals made by persons under subsection 
(a) (6), the result of such appeals, and the reason for the action 
upon each appeal that results in a denial of information; 

(3) the names and titles or positions of each person respon- 
sible for the denial of records requested under this section, and 
the number of instances of participation for each ; 

(4) the results of each proceeding conducted pursuant to sub- 
section (a) (4) (F), including a report of the disciplinary action 
taken against the officer or employee who was primarily responsi- 
ble for improperly withholding records or an explanation of why 
disciplinary action was not taken ; 

(5) a copy of every rule made by such agency regarding this 
section ; 

(6) a copy of the fee schedule and the total amount of fees col- 
lected by the agency for making records available under this 
section; and 

(7) such other information as indicates efforts to administer 
fully this section. 

The Attorney General shall submit an annual report on or before 
March 1 of each calendar year which shall include for the prior 
calendar year a listing of the number of cases arising under this sec- 
tion, the exemption involved in each case, the disposition of such case, 
and the cost, fees, and penalties assessed under subsections (a)(4)(E), 
(F) and (G). Such report shall also include a description of the efforts 
undertaken by the Department of Justice to encourage agency com- 
pliance with this section. 

(e) For purposes of this section, the term "agency" as defined in 
section 551(1) of this title includes any executive department, mili- 
tary department, Government corporation, Government controlled cor- 
poration, or other establishment in the executive branch of the 
Government ( including the Executive Office of the I 'resident), or any 
independent regulatory agency. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 383, amended Pub. L. 90-23, §1, June 5, 1967, 81 Stat. 54; 
Pub. L. 93-502, §§ 1-3, Nov. 21, 1974,'88 Stat. 1561-1564; Pub. L. 94- 
409, Sept. 13, 1976, 90 Stat. 1247; amended Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1225.) 

§552a. Records maintained on individuals 

(a) Definitions. — For purposes of this section — 

(1) the term "agency" means agency as defined in section 
552(e) of this title; 



19 Sec. 552a 

(2) the term "individual-' means a citizen of the United States 
or an alien lawfully admitted for permanent residence ; 

(3) the term "maintain" includes maintain, collect, use, or 
disseminate ; 

(4) the term "record" means any item, collection, or grouping 
of information about an individual that is maintained by an 
agency, including, but not limited to, his education, financial 
transactions, medical history, and criminal or employment history 
and that contains his name, or the identifying number, symbol, 
or other identifying particular assigned to the individual, such as 
a finger or voice print or a photograph ; 

(5) the term "system of records" means a group of any records 
under the control of any agency from which information is re- 
trieved by the name of the individual or by some identifying 
number, symbol, or other identifying particular assigned to the 
individual ; 

(6) the term "statistical record" means a record in a system 
of records maintained for statistical research or reporting pur- 
poses only and not used in whole or in part in making any deter- 
mination about an identifiable individual, except as provided by 
section 8 of title 13 ; and 

(7) the term "routine use" means, with respect to the disclosure 
of a record, the use of such record for a purpose which is com- 
patible with the purpose for which it was collected. 

(b) Conditions of Disclosure. — No agency shall disclose any 
record which is contained in a system of records by any means of com- 
munication to any person, or to another agency, except pursuant to a 
written request by, or with the prior written consent of, the individual 
to whom the record pertains, unless disclosure of the record would 
be — 

(1) to those officers and employees of the agency which main- 
tains the record who have a need for the record in the performance 
of their duties ; 

(2) required under section 552 of this title ; 

(3) for a routine use as defined in subsection (a) (7) of this 
section and described under subsection (e) (4) (D) of this section; 

(4) to the Bureau of the Census for purposes of planning or 
carrying out a census or survey or related activity pursuant to 
the provisions of title 13 ; 

(5) to a recipient who has provided the agency with advance 
adequate written assurance that the record will be used solely as 
a statistical research or reporting record, and the record is to be 
transferred in a form that is not individually identifiable ; 

(6) to the National Archives of the United States as a record 
which has sufficient historical or other value to warrant its con- 
tinued preservation by the United States Government, or for 
evaluation by the Administrator of General Services or his des- 
ignee to determine whether the record has such value ; 

(7) to another agency or to an instrumentality of any govern- 
mental jurisdiction within or under the control of the United 
States for a civil or criminal law enforcement activity if the 
activity is authorized by law, and if the head of the agency or 



Sec. 552a 20 

instrumentality has made a written request to the agency which 
maintains the record specifying the particular portion desired and 
the law enforcement activity for which the record is sought ; 

(8) to a person pursuant to a showing of compelling circum- 
stances affecting the health or safety of an individual if upon such 
disclosure notification is transmitted to the last known address of 
such individual ; 

(9) to either House of Congress, or, to the extent of matter 
within its jurisdiction, any committee or subcommittee thereof, 
any joint committee of Congress or subcommittee of any such 
joint committee; 

(10) to the Comptroller General, or any of his authorized rep- 
resentatives, in the course of the performance of the duties of 
the General Accounting Office ; or 

(11) pursuant to the order of a court of competent jurisdic- 
tion. 

(c) Accounting of Certain Disclosures. — Each agency, with 
respect to each system of records under its control, shall — 

(1) except for disclosures made under subsections (b) (1) or 
(b)(2) of this section, keep an accurate accounting of — 

(A) the date, nature, and purpose of each disclosure of 
a record to any person or to another agency made under 
subsection (b) of this section ; and 

(B) the name and address of the person or agency to 
whom the disclosure is made ; 

(2) retain the accounting made under paragraph (1) of this 
subsection for at least five years or the life of the record, which- 
ever is longer, after the disclosure for which the accounting is 
made; 

(3) except for disclosures made under subsection (b) (7) of 
this section, make the accounting made under paragraph (1) of 
this subsection available to the individual named in the record 
at his request ; and 

(4) inform any person or other agency about any correction 
or notation of dispute made by the agency in accordance with 
subsection (d) of this section of any record that has been dis- 
closed to the person or agency if an accounting of the disclosure 
was made. 

(d) Access to Records. — Each agency that maintains a system 
of records shall — 

(1) upon request by any individual to gain access to his record 
or to any information pertaining to him which is contained in the 
system, permit him and upon his request, a person of his own 
choosing to accompany him, to review the record and have a copy 
made of all or any portion thereof in a form comprehensible to 
him, except that the agency may require the individual to furnish 
a written statement authorizing discussion of that individual's 
record inthe accompanying person's presence ; 

(2) permit the individual to request amendment of a record 
pertaining to him and — 

(A) not later than 10 days (excluding Saturdays, Sun 
days, and legal public holidays) after the date of receipt oJ 
such request , acknowledge in writing such receipt ; and 



21 Sec. 552a 

(B) promptly, either — 

(i) make any correction of any portion thereof which 
the individual believes is not accurate, relevant, timely, 
or complete ; or 

(ii) inform the individual of its refusal to amend the 
record in accordance with his requests, the reason for 
the refusal, the procedures established by the agency 
for the individual to request a review of that refusal by 
the head of the agency or an officer designated by the 
head of the agency, and the name and business address 
of that official ; 

(3) permit the individual who disagrees with the refusal of the 
agency to amend his record to request a review of such refusal, 
and not later than 30 days (excluding Saturdays, Sundays, and 
legal public holidays) from the date on which the individual 
requests such review, complete such review and make a final 
determination unless, for good cause shown, the head of the agency 
extends such 30-day period ; and, if after his review, the reviewing 
official also refuses to amend the record in accordance with the 
request, permit the individual to file with the agency a concise 
statement setting forth the reasons for his disagreement with the 
refusal of the agency, and notify the individual of the provisions 
for judicial review of the reviewing official's determination under 
subsection (g) (1) (A) of this section; 

(4) in any disclosure, containing information about which the 
individual has filed a statement of disagreement, occurring after 
the filing of the statement under paragraph (3) of this subsec- 
tion, clearly note any portion of the record which is disputed and 
provide copies of the statement and, if the agency deems it ap- 
propriate, copies of a concise statement of the reasons of the 
agency for not making the amendments requested, to persons or 
other agencies to whom the disputed record has been disclosed; 
and 

(5) nothing in this section shall allow an individual access to 
any information compiled in reasonable anticipation of a civil 
action or proceeding. 

(e) Agency Requirement. — Each agency that maintains a system 
of records shall — 

(1) maintain in its records only such information about an 
individual as is relevant and necessary to accomplish a purpose 
of the agency required to be accomplished by statute or by execu- 
tive order of the President ; 

(2) collect information to the greatest extent practicable di- 
rectly from the subject individual when the information may 
result in adverse determinations about an individual's rights, bene- 
fits, and privileges under Federal programs ; 

(3) inform each individual whom it asks to supply informa- 
tion, on the form which it uses to collect the information or on a 
separate form that can be retained by the individual — 

(A) the authority (whether granted by statute, or by ex- 
ecutive order of the President) which authorizes the solici- 
tation of the information and whether disclosure of such 
information is mandatory or voluntary ; 



Sec. 552a 22 

(B) the principal purpose or purposes for which the in- 
formation is intended to be used ; 

(C) the routine uses which may be made of the informa- 
tion, as published pursuant to paragraph (4) (D) of this 
subsection ; and 

(D) the effects on him, if any, of not providing all or 
any part of the requested information ; 

(4) subject to the provisions of paragraph (11) of this sub- 
section, publish in the Federal Register at least annually a notice 
of the existence and character of the system of records, which 
notice shall include — 

(A) the name and location of the system ; 

(B) the categories of individuals on whom records are 
maintained in the system ; 

(C) the categories of records maintained in the system; 

(D) each routine use of the records contained in the sys- 
tem, including the categories of users and the purpose of such 
use; 

(E) the policies and practices of the agency regarding 
storage, retrievability, access controls, retention, and disposal 
of the records ; 

(F) the title and business address of the agency official 
who is responsible for the system of records ; 

(G) the agency procedures whereby an individual can be 
notified at his request if the system of records contains a 
record pertaining to him ; 

(H) the agency procedures whereby an individual can be 
notified at his request how he can gain access to any record 
pertaining to him contained in the system of records, and how 
he can contest its content ; and 

(I) the categories of sources of records in the system ; 

(5) maintain all records which are used by the agency in mak- | 
ing any determination about any individual with such accuracy, 
relevance, timeliness, and completeness as is reasonably necessary 
to assure fairness to the individual in the determination; 

(6) prior to disseminating any record about an individual to 
any person other than an agency, unless the dissemination is 
made pursuant to subsection (b) (2) of this section, make reason- 
able efforts to assure that such records are accurate, complete, 
timely, and relevant for agency purposes ; 

(7) maintain no record describing how any individual exer- 
cises rights guaranteed by the First Amendment unless expressly 4 
authorized by statute or by the individual about whom the record 
is maintained or unless pertinent to and within the scope of an 
authorized law enforcement activity ; 

(8) make reasonable efforts to serve notice on an individual 
when any record on such individual is made available to any per- 
son under compulsory legal process when such process becomes a 
matter of public record ; 

(9) establish rules of conduct for persons involved in the 
design, development, operation, or maintenance of any system oi 
records, or in maintaining any record, and instruct each such per- 



23 Sec. 552a 

son with respect to such rules and the requirements of this section, 
including any other rules and procedures adopted pursuant to this 
section and the penalties for noncompliance ; 

(10) establish appropriate administrative, technical, and 
physical safeguards to insure the security and confidentiality of 
records and to protect against any anticipated threats or hazards 
to their security or integrity which could result in substantial 
harm, embarrassment, inconvenience, or unfairness to any individ- 
ual on whom information is maintained ; and 

(11) at least 30 days prior to publication of information under 
paragraph (4) (D) of this subsection, publish in the Federal Reg- 
ister notice of any new use or intended use of the information in 
the system, and provide an opportunity for interested persons 
to submit written data, views, or arguments to the agency. 

(f) Agency Rules. — In order to carry out the provisions of this 
section, each agency that maintains a system of records shall pro- 
mulgate rules, in accordnace with the requirements (including general 
notice) of section 553 of this title, which shall — 

(1) establish procedures whereby an individual can be notified 
in response to his request if any system of records named by the 
individual contains a record pertaining to him ; 

(2) define reasonable times, places, and requirements for iden- 
tifying an individual who requests his record or information 
pertaining to him before the agency shall make the record or 
information available to the individual ; 

(3) establish procedures for the disclosure to an individual 
upon his request of his record or information pertaining to him, 
including special procedure, if deemed necessary, for the disclo- 
sure to an individual of medical records, including psychological 
records pertaining to him ; 

(4) establish procedures for reviewing a request from an indi- 
vidual concerning the amendment to any record or information 
pertaining to the individual, for making a determination on the 
request, for an appeal within the agency of an initial adverse 
agency determination, and for whatever additional means may be 
necessary for each individual to be able to exercise fully his rights 
under this section ; and 

(5) establish fees to be charged, if any, to any individual for 
making copies of his record, excluding the cost of any search for 
and review of the record. 

The Office of the Federal Register shall annually compile and publish 
the rules promulgated under this subsection and agency notices pub- 
lished under subsection (e) (4) of this section in a form available to 
the public at low cost. 

(g) (1) Civil Remedies. — Whenever any agency — 

(A) makes a determination under subsection (a) (3) of this 
section not to amend an individual's record in accordance with 
his request, or fails to make such review in conformity with that 
subsection ; 

(B) refuses to comply with an individual request under sub- 
section (d) (1) of this section ; 

(C) fails to maintain any record concerning any individual 
necessary to assure fairness 'in any determination relating to the 



Sec. 552a 24 

qualification, character, rights, or opportunities of, or benefits to 
the individual that may be made on the basis of such record, 
and consequently a determination is made which is adverse to the 
individual; or 

(D) fails to comply with any other provision of this section, 
or any rule promulgated thereunder, in such a way as to have 
an adverse effect on an individual, 
the individual may bring a civil action against the agency, and the 
district courts of the United States shall have jurisdiction in the mat- 
ters under the provisions of this subsection. 

(2) (A) In any suit brought under the provisions of subsection (g) 
(1)(A) of this section, the court may order the agency to amend 
the individual's record in accordance with his request or in such other 
way as the court may direct. In such a case the court shall determine 
the matter de novo. 

(B) The court may assess against the United States reasonable at- 
torney fees and other litigation costs reasonably incurred in any case 
under this paragraph in which the complainant has substantially 
prevailed. 

(3) (A) In any suit brought under the provisions of subsection (g) 
(1) (B) of this section, the court may enjoin the agency from with- 
holding the records and order the production to the complainant of 
any agency records improperly withheld from him. In such a case the 
court shall determine the matter de novo, and may examine the con- 
tents of any agency records in camera to determine whether the rec- 
ords or any portion thereof may be withheld under any of the exemp- 
tions set forth in subsection (k) of this section, and the burden is on 
the agency to sustain its action. 

(B) The court may assess against the United States reasonable at- 
torney fees and other litigation costs reasonably incurred in any case 
under this paragraph in which the complainant has substantially 
prevailed. 

(4) In any suit brought under the provisions of subsection (g) (1) 
(C) or (D) of this section in which the court determines that the 
agency acted in a manner which was intentional or willful, the United 
States shall be liable to the individual in an amount equal to the sum 
of— 

(A) actual damages sustained by the individual as a result of 
the refusal or failure, but in no case shall a person entitled to re- 
covery receive less than the sum of $1,000 ; and 

(B) the costs of the action together with reasonable attorney 
fees as determined by the court. 

(5) An action to enforce any liability created under this section 
may be brought in the district court of the United States in the district 
in which the complainant resides, or has his principal place of busi- 

or in which the agency records are situated, or in the District of 
Columbia, without regard to the amount in controversy, within two 
years from the date on which the cause of action arises, except that 
where an agency has materially and willfully misrepresented any in- 
formation required under this section to be disclosed to an individual 
and the information so misrepresented is material to establishment of 
the liability of the agency to the individual under this section, the 



1 



25 Sec. 552a 

action may be brought at any time, within two years after discovery by 
the individual of the misrepresentation. Nothing in this section shall 
be construed to authorize any civil action by reason of any injury 
sustained as the result of a disclosure of a record prior to September 27, 
1975. 

(h) Rights of Legal Guardians. — For the purposes of this section, 
the parent of any minor, or the legal guardian of any individual who 
has been declared to be incompetent due to physical or mental inca- 
pacity or age by a court of competent jurisdiction, may act on behalf 
of the individual. 

(i) (1) Criminal Penalties. — Any officer or employee of an agency, 
who by virtue of his employment or official position, has posses- 
sion of, or access to, agency records which contain individually 
identifiable information the disclosure of which is prohibited by this 
section or by rules or regulations established thereunder, and who 
knowing that disclosure of the specific material is so prohibited, will- 
fully discloses the material in any manner to any person or agency not 
entitled to receive it, shall be guilty of a misdemeanor and fined not 
more than $5,000. 

(2) Any officer or employee of any agency who willfully maintains 
a system of records without meeting the notice requirements of sub- 
section (e) (4) of this section shall be guilty of a misdemeanor and 
fined not more than $5,000. 

(3) Any person who knowingly and willfully requests or obtains 
any record concerning an individual from an agency under false pre- 
tenses shall be guilty of a misdemeanor and fined not more that $5,000. 

(j) General Exemptions. — The head of any agency may promul- 
gate rules, in accordance with the requirements (including general 
notice) of sections 553 (b)(1). (2), and (3), (c),and (e) of this title, 
to exempt any system of records within the agency from any part of 
this section except subsections (b), (c)(1) and (2). (e)(4)(A) 
through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system 
of records is — 

(1) maintained by the Central Intelligence Agency; or 

(2) maintained by an agency or component thereof which per- 
forms as its principal function any activity pertaining to the en- 
forcement of criminal laws, including police efforts to prevent, 
control, or reduce crime or to apprehend criminals, and the activ- 
ities of prosecutors, courts, correctional, probation, pardon, or 
parole authorities, and which consists of (A) information com- 
piled for the purpose of identifying individual criminal offenders 
and alleged offenders and consisting only of identifying data and 
notations of arrests, the nature and disposition of criminal 
charges, sentencing, confinement, release, and parole and proba- 
tion status; (B) information compiled for the purpose of a 
criminal investigation, including reports of informants and in- 
vestigators, and associated with an identifiable individual; or (C) 
reports identifiable to an individual compiled at any stage of the 
process of enforcement of the criminal laws from arrest or in- 
dictment through release from supervision. 

At the time rules are adopted under this subsection, the agency shall 
include in the statement required under section 553(c) of this title, 



Sec. 552a 26 

the reasons why the system of records is to be exempted from a pro- 
vision of this section. 

(k) Specific Exemptions. — The head of any agency may pro- 
mulgate rules, in accordance with the requirements (including general 
notice) of sections 553(b) (1), (2), and (3), (c), and (e) of this title, 
to exempt any system of records within the agency from subsections 
(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I) and (f) of this sec- 
tion if the system of records is — 

(1) subject to the provisions of section 552(b) (1) of this title; 

(2) investigatory material compiled for law enforcement pur- 
poses, other than material within the scope of subsection (j) (2) 
of this section : Provided, however, That if any individual is 
denied any right, privilege, or benefit that he would otherwise 
be entitled by Federal law, or for which he would otherwise be 
eligible, as a result of the maintenance of such material, such ma- 
terial shall be provided to such individual, except to the extent 
that the disclosure of such material would reveal the identity of 
a source who furnished information to the Government under an 
express promise that the identity of the source would be held in 
confidence, or prior to the effective date of this section, under 
an implied promise that the identity of the source would be held 
in confidence; 

(3) maintained in connection with providing protective serv- 
ices to the President of the United States or other individuals 
pursuant to section 3056 of title 18 ; 

(4) required by statute to be maintained and used solely as 
statistical records; 

(5) investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access 
to classified information, but only to the extent that the disclosure 
of such material would reveal the identity of a source who fur- 
nished information to the Government under an express promise 
that the identity of the source would be held in confidence, or, 
prior to the effective date of this section, under an implied promise 
that the identity of the source would be held in confidence ; 

(6) testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the 
Federal service the disclosure of which would compromise the 
objectivity or fairness of the testing or examination process; or 

(7) evaluation material used to determine potential for pro- 
motion in the armed services, but only to the extent that the 
disclosure of such material would reveal the identity of a source 
who furnished information to the Government under an express 
promise that the identity of the source would be held in confi- 
dence, or, prior to the effective date of this section, under an 
implied promise that the identity of the, source would be held in 
confidence. 

At the time rules are adopted under this subsection, the agency shall 
include in the statement required under section 553(c) of this title 
the reasons why the system of records is to be exempted from a provi 
sion of this section. 



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27 Sec. 552a 

(1)(1) Archival Records. — Each agency record which is ac- 
cepted by the Administrator of General Services for storage, proc- 
essing, and servicing in accordance with section 3103 of title 44 shall, 
for the purposes of this section, be considered to be maintained by the 
agency which deposited the record and shall be subject to the provi- 
sions of this section. The Administrator of General Services shall not 
disclose the record except to the agency which maintains the record, 
or under rules established by that agency which are not inconsistent 
with the provisions of this section. 

(2) Each agency record pertaining to an identifiable individual 
which was transferred to the National Archives of the United States 
as a record which has sufficient historical or other value to warrant 
its continued preservation by the United States Government, prior to 
the effective date of this section, shall, for the purposes of this section, 
be considered to be maintained by the National Archives and shall 
not be subject to the provisions of this section, except that a statement 
generally describing such records (modeled after the requirements 
relating to records subject to subsections (e) (4) (A) through (G) of 
this section) shall be published in the Federal Register. 

(3) Each agency record pertaining to an identifiable individual 
which is transferred to the National Archives of the United States as 
a record which has sufficient historical or other value to warrant its 
continued preservation by the United States Government, on or after 
the effective date of this section, shall, for the purposes of this section, 
be considered to be maintained by the National Archives and shall be 
exempt from the requirements of this section except subsections (e) (4) 
(A) through (G) and (e) (9) of this section. 

(m) Government Contractors. — When an agency provides by a 
contract for the operation by or on behalf of the agency of a system 
of records to accomplish an agency function, the agency shall, con- 
sistent with its authority, cause the requirements of this section to be 
applied to such system. For purposes of subsection (i) of this section 
any such contractor and any employee of such contractor, if such con- 
tract is agreed to on or after the effective date of this section, shall be 
considered to be an employee of an agency. 

(n) Mailing Lists. — An individual's name and address may not 
be sold or rented by an agency unless such action is specifically author- 
ized by law. This provision shall not be construed to require the with- 
holding of names and addresses otherwise permitted to be made 
public. 

(o) Report on New Systems. — Each agency shall provide adequate 
advance notice to Congress and the Office of Management and Budget 
of any proposal to establish or alter any system of records in order 
to permit an evaluation of the probable or potential effect of such pro- 
posal on the privacy and other personnel or property rights of indi- 
viduals or the disclosure of information relating to such individuals, 
and its effect on the preservation of the constitutional principles of 
federalism and separation of powers. 

(p) Annual Report.— The President shall submit to the Speaker 
of the House and the President of the Senate, by June 30 of each 
calendar year, a consolidated report, separately listing for each Fed- 
eral agency the number of records contained in any system of records 



Sec. 552b 28 

which were exempted from the application of this section under the 
provisions of subsections (j) and (k) of this section during the pre- 
ceding calendar year, and the reasons for the exemptions, and such 
other information as indicates efforts to administer fully this section, 
(q) Effect of Other Laws. — Xo agency shall rely on any exemp- 
tion contained in section 552 of this title to withhold from an indi- 
vidual any record which is otherwise accessible to such individual 
under the provisions of this section. (Pub. L. 93-579, § 3, Dec. 31, 1974, 
88 Stat. 1897, amended Pub. L. 94-183, § 2(2), Dec. 31, 1975, 89 Stat. 
1057.) 

§552b. Open meetings 

(a) For purposes of this section — 

(1) the term "agency" means any agency, as defined in section 
552(e) of this title, headed by a collegial body composed of two 
or more individual members, a majority of whom are appointed 
to such position by the President with the advice and consent of 
the Senate, and any subdivision thereof authorized to act on 
behalf of the agency ; 

(2) the term "meeting" means the deliberations of at least the 
number of individual agency members required to take action 
on behalf of the agency where such deliberations determine or 
result in the joint conduct or disposition of official agency busi- 
ness, but does not include deliberations required or permitted by 
subsection (d) or (e) ; and 

(3) the term "members" means an individual who belongs to 
a collegial body heading an agency. 

(b) Members shall not jointly conduct or dispose of agency business 
other than in accordance with this section. Except as provided in sub- 
section (c) , every portion of every meeting of an agency shall be open 
to public observation. 

(c) Except in a case where the agency finds that the public inter- 
est requires otherwise, the second sentence of subsection (b) shall not 
apply to any portion of an agency meeting, and the requirements of 
subsections (d) and (e) shall not apply to any information pertain- 
ing to such meeting otherwise required by this section to be disclosed 
to the public, where the agency properly determines that such portion 
or portions of its meeting or the disclosure of such information is 
likely to — 

(1) disclose matters that are (A) specifically authorized under 
criteria established by an Executive order to be kept secret in the 
interest of national defense or foreign policy and (B) in fact 
properly classified pursuant to such Executive order; 

(2) relate solely to the internal personnel rules and practices 
of an agency ; 

(3) disclose matters specificallv exempted from disclosure by 
statute (other than section 552 of this title), provided that such 
statute (A) requires that the matters be witheld from the public 
in such a manner as to leave no discretion on the issue, or (B) 
establishes particular criteria for withholding or refers to partic- 
ular types of matters to be withheld ; 

(4) disclose trade secrets and commercial or financial informa- 
tion obtained from a person and privileged or confidential ; 



29 Sec. 552b 

(5) involve accusing any person of a crime, or formally cen- 
suring any person ; 

(6) disclose information of a personal nature where disclosure 
would constitute a clearly unwarranted invasion of personal 
privacy ; 

(7) disclose investigatory records compiled for law enforce- 
ment purposes, or information which if written would be con- 
tained in such records, but only to the extent that the production 
of such records or information would (A) interfere with enforce- 
ment proceedings, (B) deprive a person of a right to a fair trial 
or an impartial adjudication, (C) constitute an unwarranted 
invasion of personal privacy, (D) disdose the identity of a con- 
fidential source and, in the case of a record compiled by criminal 
law enforcement authority in the course of a criminal investiga- 
tion or by an agency conducting a lawful national security 
intelligence investigation, confidential information furnished only 
by the confidential source, (E) disclose investigative techniques 
and procedures, or (F) endanger the life or physical safety of 
law enforcement personnel ; 

(8) disclose information contained in or related to examina- 
tion, operating, or condition reports prepared by, on behalf of, or 
for the use of an agency responsible for the regulation or supervi- 
sion of financial institutions; 

(9) disclose information the premature disclosure of which 
would — 

(A) in the case of an agency which regulates currencies, 
securities, commodities, or financial institutions, be likely to 
(i) lead to significant financial speculation in currencies, 
securities, or commodities, or (ii) significantly endanger the 
stability of any financial institution ; or 

(B) in the case of any agency, be likely to significantly 
frustrate implementation of a proposed agency action, 

except that subparagraph (B) shall not apply in any instance 
where the agency has already disclosed to the public the content or 
nature of its proposed action, or where the agency is required by 
law to make such disclosure on its own initiative* prior to taking- 
final agency action on such proposal ; or 

(10) specifically concern the agency's issuance of a subpena, or 
the agency's participation in a civil action or proceeding, an action 
in a foreign court or international tribunal, or an arbitration, or 
the initiation, conduct, or disposition by the agency of a particular 
case of formal agency adjudication pursuant to the procedures in 
section 554 of this title or otherwise involving a determination on 
the record after opportunity for a hearing. 

(d)(1) Action under subsection (c) shall be taken only when a 
majority of the entire membership of the agency (as defined in sub- 
section (a) (1) ) votes to take such action. A separate vote of the agency 
members shall be taken witli respect to each agency meeting a portion 
or portions of which are proposed to be closed to the public pursuant to 
subsection (c), or with respect to any information which is proposed 
to be withheld under subsection (c). A single vote may be taken with 
respect to a series of meetings, a portion or portions of which are pro- 



Sec. 552b 30 

posed to be closed to the public, or with respect to any information 
concerning such series of meetings, so long as each meeting in such 
series involves the same particular matters and is scheduled to be held 
no more than thirty days after the initial meeting in such series. The 
vote of each agency member participating in such vote shall be re- 
corded and no proxies shall be allowed. 

(2) Whenever any person whose interests may be directly affected 
by a portion of a meeting requests that the agency close such portion to 
the public for any of the reasons referred to in paragraph (5), (6) , or 
(7) of subsection (c), the agency, upon request of any one of its mem- 
bers, shall vote by recorded vote whether to close such meeting. 

(3) Within one day of any vote taken pursuant to paragraph (1) 
or (2) , the agency shall make publicly available a written copy of such 
vote reflecting the vote of each member on the question. If a portion of 
a meeting is to be closed to the public, the agency shall, within one day 
of the vote taken pursuant to paragraph (1) or (2) of this subsection, 
make publicly available a full written explanation of its action closing 
the portion together with a list of all persons expected to attend the 
meeting and their affiliation. 

(4) Any agency, a majority of whose meetings may properly be 
closed to the public pursuant to paragraph (4), (8), (9) (A), or (10) 
of subsection (c) , or any combination thereof, may provide by regula- 
tion for the closing of such meetings or portions thereof in the event 
that a majority of the members of the agency votes by recorded vote 
at the beginning of such meeting, or portion thereof, to close the exempt 
portion or portions of the meeting, and a copy of such vote, reflecting 
the vote of each member on the question, is made available to the pub- 
lic. The provisions of paragraphs (1), (2), and (3) of this subsection 
and subsection (e) shall not apply to any portion of a meeting to which 
such regulations apply : Provided, That the agency shall, except to the 
extent that such information is exempt from disclosure under the pro- 
visions of subsection (c), provide the public with public announce- 
ment of the time, place, and subject matter of the meeting and of each 
portion thereof at the earliest practicable time. 

(e) (1) In the case of each meeting, the agency shall make public 
announcement, at least one week before the meeting, of the time, place, 
and subject matter of the meeting, whether it is to be open or closed to 
the public, and the name and phone number of the official designated 
by the agency to respond to requests for information about the meet- 
ing. Such announcement shall be made unless a majority of the mem- 
bers of the agency determines by a recorded vote that agency business 
requires that such meeting be called at an earlier date, in which case 
the agency shall make public announcement of the time, place, and 
subject matter of such meeting, and whether open or closed to the 
public, at the earliest practicable time. 

(2) The time or place of a meeting may be changed following the 
public announcement required by paragraph (1) only if the agency 
publicly announces such change at the earliest practicable time. The 
subject," matter of a meeting, or the determination of the agency to 
open or close a meet ing, or portion of a meeting, to the public, may be 
changed following the public announcement required by this subsec- 
tion only if (A) a majority of the entire membership of the agency 



31 Sec. 552b 

determines by a recorded vote that agency business so requires and that 
no earlier announcement of the chancre was possible, and (B) the 
agency publicly announces such change and the vote of each member 
upon such change at the earliest practicable time. 

(3) Immediately following each public announcement required by 
this subsection, notice of the time, place, and subject matter of a meet- 
ing, whether the meeting is open or closed, any change in one of the 
preceding, and the name and phone number of the official designated 
by the agency to respond to requests for information about the meeting, 
shall also be submitted for publication in the Federal Register. 

(f) (1) For every meeting closed pursuant to paragraphs (1) 
through (10) of subsection (c), the General Counsel or chief legal 
officer of the agency shall publicly certify that, in his or her opinion, 
the meeting may be closed to the public and shall state each relevant 
exemptive provision. A copy of such certification, together with a state- 
ment from the presiding officer of the meeting setting forth the time 
and place of the meeting, and the persons present, shall be retained by 
the agency. The agency shall maintain a complete transcript or elec- 
tronic recording adequate to record fully the proceedings of each 
meeting, or portion of a meeting, closed to the public, except that in 
the case of a meeting, or portion of a meeting, closed to the public pur- 
suant to paragraph (8) , (9) (A) , or (10) of subsection (c) . the agency 
shall maintain either such a transcript or recording, or a set of minutes. 
Such minutes shall fully and clearly describe all matters discussed and 
shall provide a full and accurate summary of any actions taken, and 
the reasons therefor, including a description of each of the views 
expressed on any item and the record of any rollcall vote (reflecting 
the vote of each member on the question). All documents considered in 
connection with any action shall be identified in such minutes. 

(2) The agency shall make promptly available to the public, in a 
place easily accessible to the public, the transcript, electronic record- 
ing, or minutes (as required by paragraph (1)) of the discussion of 
any item on the agenda, or of any item of the testimony of any witness 
received at the meeting, except for such item or items of such discus- 
sion or testimony as the agency determines to contain information 
which may be withheld under subsection (c) . Copies of such transcript, 
or minutes, or a transcription of such recording disclosing the identity 
of each speaker, shall be furnished to any person at the actual cost of 
duplication or transcription. The agency shall mnintain a complete 
verbatim copy of the transcript, a complete copy of the minutes, or a 
complete electronic recording of each meeting, or portion of a meeting, 
closed to the public, for a period of at least two years after such meet- 
ing, or until one year after the conclusion of any agency proceeding 
with respect to which the meeting or portion Avas held, whichever 
occurs later. 

(g) Each agency subject to the requirements of this section shall, 
within 180 days after the date of enactment of this section, following 
consultation with the Office of the Chairman of the Administrative 
Conference of the United States and published notice in the Federal 
Register of at least thirty days and opportunity for written comment 
by any person, promulgate regulations to implement the requirements 
of subsections (b) through (f) of this section. Any person may bring 



Sec. 552b 32 

a proceeding in the United States District Court for the District of 
Columbia to require an agency to promulgate such regulations if such 
agency has not promulgated such regulations within the time period 
specified herein. Subject to any limitations of time provided by law, any 
person may bring a proceeding in the United States Court of Appeals 
for the District of Columbia to set aside agency regulations issued pur- 
suant to this subsection that are not in accord with the requirements of 
subsections (b) through (f) of this section and to require the pro- 
mulgation of regulations that are in accord with such subsections. 

(h) (1) The district courts of the United States shall have jurisdic- 
tion to enforce the requirements of subsections (b) through (f ) of this 
section by declaratory judgment, injunctive relief, or other relief as 
may be appropriate. Such actions may be brought by any person 
against an agency prior to, or within sixty days after, the meeting out 
of which the violation of this section arises, except that if public an- 
nouncement of such meeting is not initially provided by the agency in 
accordance with the requirements of this section, such action may be 
instituted pursuant to this section at any time pior to sixty days after 
any public announcement of such meeting. Such actions may be 
brought in the district court of the United States for the district in 
which the agency meeting is held or in which the agency in question has 
its headquarters, or in the District Court for the District of Columbia. 
In such actions a defendant shall serve his answer within thirty days 
after the service of the complaint. The burden is on the defendant to 
sustain his action. In deciding such cases the court may examine in 
camera any portion of the transcript, electronic recording, or minutes 
of a meeting closed to the public, and may take such additional evi- 
dence as it deems necessary. The court, having due regard for orderly 
administration and the public interest, as well as the interests of the 
parties, may grant such equitable relief as it deems appropriate, in- 
cluding granting an injunction against future violations of this sec- 
tion or ordering the agency to make available to the public such por- 
tion of the transcript, recording, or minutes of a meeting as is not au- 
thorized to be withheld under subsection (c) of this section. 

(2) Any Federal court otherwise authorized by law to review 
agency action may, at the application of any person properly partici- 
pating in the proceeding pursuant to other applicable law, inquire into 
violations by the agency of the requirements of this section and afford 
such relief as it deems appropriate. Nothing in this section authorizes 
any Federal court having jurisdiction solely on the basis of paragraph 
(1) to set aside, enjoin, or invalidate any agency action (other than 
an action to close a meeting or to withhold information under this 
section) taken or discussed at any agency meeting out of which the 
violation of this section arose. 

(i) The court may assess against any party reasonable attorney 
fees and other litigation costs reasonably incurred by any other party 
who substantially prevails in any action brought in accordance with 
the provisions of subsection (g) or (h) of this section, except that 
costs may be assessed against the plaintiff only where the court finds 
that the suit was initiated by the plaintiff primarily for frivolous or 
dilatory purposes. In the case of assessment of costs against an agency, 
the- costs may be assessed by the court against the United States. 



33 Sec. 553 

(j) Each agency subject to the requirements of this section shall 
annually report to Congress regarding its compliance with such re- 
quirements, including a tabulation of the total number of agency 
meetings open to the public, the total number of meetings closed to the 
public, the reasons for closing such meetings, and a description of any 
litigation brought against the agency under this section, including any 
costs assessed against the agency in such litigation (whether or not 
paid by the agency) . 

(k) Nothing herein expands or limits the present rights of any 
person under section 552 of this title, except that the exemptions set 
forth in subsection (c) of this section shall govern in the case of any 
request made pursuant to section 552 to copy or inspect the transcripts, 
recordings, or minutes described in subsection (f ) of this section. The 
requirements of chapter 33 of title 44, United States Code, shall not 
apply to the transcripts, recordings, and minutes described in subsec- 
tion (f) of this section. 

(1) This section does not constitute authority to withhold any in- 
formation from Congress, and does not authorize the closing of any 
agency meeting or portion thereof required by any other provision of 
law to be open. 

(m) Nothing in this section authorizes any agency to withhold from 
any individual any record, including transcripts, recordings, or min- 
utes required by this section, which is otherwise accessible to such in- 
dividual under section 552a of this title. (Pub. L. 94-409, §3(a), 
Sept. 13. 1976, 90 Stat. 1241.) 

§ 553. Rule making 

(a) This section applies, according to the provisions thereof, except 
to the extent that there is involved — 

(1) a military or foreign affairs function of the United States; 
or 

(2) a matter relating to agency management or personnel or to 
public property, loans, grants, benefits, or contracts. 

(b) General notice of proposed rule making shall be published in 
the Federal Register, unless persons subject thereto are named and 
either personally served or otherwise have actual notice thereof in 
accordance with law. The notice shall include — 

(1) a statement of the time, place, and nature of public rule 
making proceedings ; 

(2) reference to the legal authority under which the rule is 
proposed; and 

(3) either the terms or substance of the proposed rule or a 
description of the subjects and issues involved. 

Except when notice or hearing is required by statute, this subsection 
does not apply — 

(A) to interpretative rules, general statements of policy, or 
rules of agency organization, procedure, or practice : or 

(B) when the agency for good cause finds (and incorporates 
the finding and a brief statement of reasons therefor in the rules 
issued) that notice and public procedure thereon are impractica- 
ble, unnecessary, or contrary to the public interest. 

(c) After notice required by this section, the agency shall give 
interested persons an opportunity to participate in the rule making 
through submission of written data, views, or arguments with or with- 



Sec. 554 34 

out opportunity for oral presentation. After consideration of the rele- 
vant matter presented, the agency shall incorporate in the rules 
adopted a concise general statement of their basis and purpose. When 
rules are required by statute to be made on the record after oppor- 
tunity for an agency hearing, sections 556 and 557 of this title apply 
instead of this subsection. 

(d) The required publication or service of a substantive rule shall 
be made not less than 30 days before its effective date, except — 

(1) a substantive rule which grants or recognizes an exemption 
or relieves a restriction ; 

(2) interpretative rules and statements of policy ; or 

(3) as otherwise provided by the agency for good cause found 
and published with the rule. 

(e) Each agency shall give an interested person the right to peti- 
tion for the issuance, amendment, or repeal of a rule. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 383.) 

§554. Adjudications 

(a) This section applies, according to the provisions thereof, in 
every case of adjudication required by statute to be determined on the 
record after opportunity for an agency hearing, except to the extent 
that there is involved — 

(1) a matter subject to a subsequent trial of the law and the 
facts de novo in a court ; 

(2) the selection or tenure of an employee, except an administra- 
tive law judge appointed under section 3105 of this title; 

(3) proceedings in which decisions rest solely on inspections, 
tests, or elections ; 

(4) the conduct of military or foreign affairs functions; 

(5) cases in which an agency is acting as an agent for a court; 
or 

(6) the certification of worker representatives. 

(b) Persons entitled to notice of an agency hearing shall be timely 
informed of — 

( 1 ) the time, place, and nature of the hearing ; 

(2) the legal authority and jurisdiction under which the hear- 
ing is to be held ; and 

(3) the matters of fact and law asserted. 

When private persons are the moving parties, other parties to the 
proceeding shall give prompt notice of issues controverted in fact or 
law; and in other instances agencies may by rule require responsive 
pleading. In fixing the time and place for hearings, due regard shall 
be had for the convenience and necessity of the parties or their repre- 
sentatives. 

(c) The agency shall give all interested parties opportunity for — 

(1) the submission and consideration of facts, arguments, 
offers of settlement, or proposals of adjustment when time, the 
nature of the proceeding, and the public interest permit; and 

(2) to the extent that the parties are unable so to determine a 
controversy by consent, hearing and decision on notice and in 
accordance with sections .556 and 557 of this title. 

(d) The employee who presides at the reception of evidence pur- 
suant to section 556 of this title shall make the recommended decision 



35 Sec. 555 

or initial decision required by section 557 of this title, unless he be- 
comes unavailable to the agency. Except to the extent required for the 
disposition of ex parte matters as authorized by law, such an employee 
may not — 

(1) consult a person or party on a fact in issue, unless on 
notice and opportunity for all parties to participate ; or 

(2) be responsible to or subject to the supervision or direction 
of an employee or agent engaged in the performance of investi- 
gative or prosecuting functions for an agency. 

An employee or agent engaged in the performance of investigative 
or prosecuting functions for an agency in a case may not, in that or a 
factually related case, participate or advise in the decision, recom- 
mended decision, or agency review pursuant to section 557 of this 
title, except as witness or counsel in public proceedings. This subsec- 
tion does not apply — 

(A) in determining applications for initial licenses ; 

(B) to proceedings involving the validity or application of 
rates, facilities, or practices of public utilities or carriers; or 

(C) to the agency or a member or members of the body com- 
prising the agency. 

(e) The agency, with like effect as in the case of other orders, and 
in its sound discretion, may issue a declaratory order to terminate a 
controversy or remove uncertainty. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 384; amended Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183.) 

§555. Ancillary matters 

(a) This section applies, according to the provisions thereof, ex- 
cept as otherwise provided by this subchapter. 

(b) A person compelled to appear in person before an agency or 
representative thereof is entitled to be accompanied, represented, and 
advised by counsel or, if permitted by the agency, by other qualified 
representative. A party is entitled to appear in person or by or with 
counsel or other duly qualified representative in an agency proceed- 
ing. So far as the orderly conduct of public business permits, an inter- 
ested person may appear before an agency or its responsible employees 
for the presentation, adjustment, or determination of an issue, request, 
or controversy in a proceeding, whether interlocutory, summary, or 
otherwise, or in connection with an agency function. With due regard 
for the convenience and necessity of the parties or their representa- 
tives and within a reasonable time, each agency shall proceed to con- 
clude a matter presented to it. This subsection does not grant or deny 
a person who is not a lawyer the right to appear for or represent 
others before an agency or in an agency proceeding. 

(c) Process, requirement of a report, inspection, or other investi- 
gate act or demand may not be issued, made, or enforced except as 
authorized by law. A person compelled to submit data or evidence is 
entitled to retain or, on payment of lawfully prescribed costs, procure 
a copy or transcript thereof, except that in a nonpublic investigatory 
proceeding the witness may for good cause be limited to inspection of 
the official transcript of his testimony. 

(d) Agency subpenas authorized by law shall be issued to a party 
on request and, when required by rules of procedure on a statement or 



Sec. 556 36 

showing of general relevance and reasonable scope of the evidence 
sought. On contest, the court shall sustain the subpena or similar 
process or demand to the extent that it is found to be in accordance 
with law. In a proceeding for enforcement, the court shall issue an 
order requiring the appearance of the witness or the production of the 
evidence or data within a reasonable time under penalty of punish- 
ment for contempt in case of contumacious failure to comply. 

(e) Prompt notice shall be given of the denial in whole or in part 
of a written application, petition, or other request of an interested 
person made in connection with any agency proceedings. Except in 
affirming a prior denial or when the denial is self-explanatory, the 
notice shall be accompanied by a brief statement of the grounds for 
denial. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 385.) 

§ 556. Hearings ; presiding employees ; powers and duties ; burden 
of proof; evidence; record as basis of decision 

(a) This section applies, according to the provisions thereof, to 
hearings required by section 553 or 554 of this title to be conducted 
in accordance with this section. 

(b) There shall preside at the taking of evidence — 

(1) the agency; 

(2) one or more members of the body which comprises the 
agency; or 

(3) one or more administrative law judges appointed under 
section 3105 of this title. 

This subchapter does not supersede the conduct of specified classes of 
proceedings, in whole or in part, by or before boards or other em- 
ployees specially provided for by or designated under statute. The 
functions of presiding employees and of employees participating in 
decisions in accordance with section 557 of this title shall be con- 
ducted in an impartial manner. A presiding or participating employee 
may at any time disqualify himself. On the filing in good faith of a 
timely and sufficient affidavit of personal bias or other disqualification 
of a presiding or participating employee, the agency shall determine 
the matter as a part of the record and decision in the case. 

(c) Subject to published rules of the agency and within its powers, 
employees presiding at hearings may — 

( 1 ) administer oaths and affirmations ; 

(2) issue subpenas authorized by law ; 

(3) rule on offers of proof and receive relevant evidence; 

(4) take depositions or have depositions taken when the ends 
of justice would be served ; 

(5) regulate the course of the hearing ; 

(6) hold conferences for the settlement or simplification of the 
issues by consent of the parties ; * 

(7) dispose of procedural requests or similar matters; 

(8) make or recommend decisions in accordance with section 
557 of this title; and 

(9) take other action authorized by agency rule consistent with 
this subchapter. 

(d) Except as otherwise provided by statute, the proponent of a rule 
or order has the burden of proof. Any oral or documentary evidence 
may be received, but the agency as a matter of policy shall provide 



37 Sec. 557 

for the exclusion of irrelevant, immaterial, or unduly repetitious evi- 
dence. A sanction may not be imposed or rule or order issued except 
on consideration of the whole record or those parts thereof cited by a 
party and supported by and in accordance with the reliable, probative, 
and substantial evidence. The agency may, to the extent consistent 
with the interests of justice and the policy of the underlying statutes 
administered by the agency, consider a violation of section 557(d) of 
this title sufficient grounds for a decision adverse to a party who has 
knowingly committeed such violation or knowingly caused such viola- 
tion to occur. A party is entitled to present his case or defense by oral 
or documentary evidence, to submit rebuttal evidence, and to conduct 
such cross-examination as may be required for a full and true disclo- 
sure of the facts. In rule making or determining claims for money or 
benefits or applications for initial licenses an agency may, when a 
party will not be prejudiced thereby, adopt procedures for the sub- 
mission of all or part of the evidence in written form. 

(e) The transcript of testimony and exhibits, together with all 
papers and requests filed in the proceeding constitutes the exclusive 
record for decision in accordance with section 557 of this title and, on 
payment of lawfully prescribed costs, shall be made available to the 
parties. When an agency decision rests on official notice of a material 
fact not appearing in the evidence in the record, a party is entitled, 
on timelv request, to an opportunity to show the contrary. (Pub. L. 
89-554, Sept. 6, 1966. 80 Stat. 386; amended Pub. L. 94-409, Sept. 13, 
1976, 90 Stat. 1247; Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183.) 

§557. Initial decisions; conclusiveness; review by agency; sub- 
missions by parties; contents of decisions; record 

(a) This section applies, according to the provisions thereof, when 
a hearing is required to be conducted in accordance with section 556 
of this title. 

(b) When the agency did not preside at the reception of the evi- 
dence, the presiding employee or, in cases not subject to section 554(d) 
of this title, an employee qualified to preside at hearings pursuant to 
section 556 of this title, shall initially decide the case unless the agency 
requires, either in specific cases or by general rule, the entire record 
to be certified to it for decision. When'the presiding employee makes an 
initial decision, that decision then becomes the decision of the agency 
without further proceedings unless there is an appeal to, or review on 
motion of, the agency within time provided by rule. On appeal from or 
review of the initial decision, the agency has all the powers which it 
would have in making the initial decision except as it may limit the 
issues on notice or by rule. When the agency makes the decision without 
having presided at the reception of the evidence, the presiding em- 
ployee or an employee qualified to preside at hearings pursuant to 
section 556 of this title shall first recommend a decision, except that 
m rule making or determining applications for initial licenses— 

(1) instead thereof the agency may issue a tentative decision or 
one of its responsible employees may recommend a decision; or 

(2) this procedure may be omitted in a case in which the agency 
finds on the record that due and timely execution of its functions 
imperatively and unavoidably so requires. 



Sec. 557 38 

(c) Before a recommended, initial, or tentative decision, or a deci- 
sion on agency review of the decision of subordinate employees, the 
parties are entitled to a reasonable opportunity to submit for the con- 
sideration of the employees participating in the decisions — 

(1) proposed findings and conclusions; or 

(2) exceptions to the decision or recommended decisions of 
subordinate employees or to tentative agency decisions ; and 

(3) supporting reasons for the exceptions or proposed find- 
ings or conclusions. 

The record shall show the ruling on each finding, conclusion, or ex- 
ception presented. All decisions, including initial, recommended, and 
tentative decisions, are a part of the record and shall include a state- 
ment of — 

(A) findings and conclusions, and the reasons or basis there- 
for, on all the material issues of fact, law, or discretion presented 
on the record ; and 

(B) the appropriate rule, order, sanction, relief, or denial 
thereof. 

(d) (1) In any agency proceeding which is subject to subsection 
(a) of this section, except to the extent required for the disposition 
of ex parte matters as authorized by law — 

(A) no interested person outside the agency shall make or 
knowingly cause to be made to any member of the body compris- 
ing the agency, administrative law judge, or other employee who 
is or may reasonably be expected to be- involved in the decisional 
process of the proceeding, an ex parte communication relevant to 
the merits of the proceeding ; 

(B) no member of the body comprising the agency, adminis- 
trative law judge, or other employee who is or may reasonably be 
expected to be involved in the decisional process of the proceed- 
ing, shall make or knowlingly cause to be made to any interested 
person outside the agency an ex parte communication relevant to 
the merits of the proceeding ; 

(C) a member of the body comprising the agency, administra- 
tive law judge, or other employee who is or may reasonably be 
expected to be involved in the decisional process of such proceed- 
ing who receives, or who makes or knowingly causes to be made, 
a communication prohibited by this subsection shall place on the 
public record of the proceeding : 

(i) all such written communications ; 

(il) memoranda stating the substance of all such oral com- 
munications; and 

(iii) all written responses, and memoranda stating the 
substance of all oral responses, to the materials described in 
clauses (i) and (ii) of this subparagraph; 

(D) upon receipt of a communication knowingly made or 
knowingly caused to be made by a party in violation of this sub- 
section, the agency, administrative law' judge, or other employee 
presiding at the hearing Inav , to the extent consistent with the 
interests of justice and the policv of the underlying statutes. 
require the party to show cause why his claim or interest in the 



39 Sec. 558 

proceeding should not be dismissed, denied, disregarded, or other- 
wise adversely affected on account of such violation; and 

(E) the prohibitions of this subsection shall apply beginning 
at such time as the agency may designate, but in no case shall 
they begin to apply later than the time at which a proceeding is 
noticed for hearing unless the person responsible for the com- 
munication has knowledge that it will be noticed, in which case 
the prohibitions shall apply beginning at the time of his acquisi- 
tion of such knowledge. 
(2) This subsection does not constitute authoritv to withhold infor- 
mation from Congress. (Pub. L. 89-554. Sept. 6," 1966, 80 Stat. 387; 
amended Pub. L. 94-409, Sept. 13. 1976. 90 Stat. 1246.) 

§558. Imposition of sanctions; determination of applications for 
licenses; suspension, revocation, and expiration of 
licenses 

(a) This section applies, according to the provisions thereof, to the 
exercise of a power or authority. 

(b) A sanction may not be imposed or a substantive rule or order 
issued except within jurisdiction delegated to the agency and as 
authorized by law. 

(c) When application is made for a license required by law, the 
agency, with due regard for the rights and privileges of all the inter- 
ested parties or adversely affected persons and within a reasonable 
time, shall set and complete proceedings required to be conducted 
in accordance with sections 556 and 557 of this title or other proceed- 
ings required by law and shall make its decision. Except in cases of 
willfulness or those in which public health, interest, or safety requires 
otherwise, the withdrawal, suspension, revocation, or annulment of a 
license is lawful only if. before the institution of agency proceedings 
therefor, the licensee has been given — 

(1) notice by the agency in writing of the facts or conduct 
which may warrant the action : and 

(2) opportunity to demonstrate or achieve compliance with all 
lawful requirements. 

When the licensee has made timely and sufficient application for a re- 
newal or a new license in accordance with agency rules, a license with 
reference to an activity of a continuing nature does not expire until 
the application has been finallv determined bv the agency. (Pub. L. 
89-554, Sept, 6, 1966, 80 Stat. 388.) 

§559. Effect on other laws; effect of subsequent statute 

This subchapter, chapter 7. and sections 1305, 3105, 3344, 4301(2) 

(E). 5372. and 7521 of this title, and the provisions of section 5335(a) 

(B) of this title that relate to administrative law judges, do not limit 

I or repeal additional requirements imposed by statute or otherwise 

r recognized by law. Except as otherwise required by law. requirements 

or privileges relating to evidence or procedure apply equally to 

e agencies and persons. Each agency is granted the authoritv necessary 

e to comply with the requirements of this subchapter through the 

issuance of rules or otherwise. Subsequent statute may not be held to 



Sec. 559 40 

supersede or modify this subchapter, chapter 7, sections 1305, 3105, 
3344, 4301 (2) (E) , 5372, or 7521 of this title, or the provisions of section 
5335(a) (B) of this title that relate to administrative law judges, 
except to the extent that it does so expressly. (Pub L. 89-554, Sept. 6. 
1966, 80 Stat. 388, amended Pub. L. 90-623, § 1(1), Oct, 22, 1968, 82 
Stat. 1312; Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1221.) 



11 Sec. 571 



SUBCHAPTER III— ADMINISTRATIVE CONFERENCE OF 
THE UNITED STATES 

§571. Purpose 

It is the purpose of this subchapter to provide suitable arrangements 
through which Federal agencies, assisted by outside experts, may co- 
operatively study mutual problems, exchange information, and develop 
recommendations for action by proper authorities to the end that pri- 
vate rights may be fully protected and regulatory activities and other 
Federal responsibilities may be carried out expeditiously in the public 
interest. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 388.) 

§ 572. Definitions 

For the purpose of this subchapter — 

(1) "administrative program" includes a Federal function 
which involves protection of the public interest and the determina- 
tion of rights, privileges, and obligations of private persons 
through rule making, adjudication, licensing, or investigation, as 
those terms are used in subchapter II of this chapter, except that it 
does not include a military or foreign affairs function of the 
United States ; 

(2) "administrative agency" means an authority as defined by 
section 551 ( 1 ) of this title ; and 

(3) "administrative procedure" means procedure used in carry- 
ing out an administrative program and is to be broadly construed 
to include any aspect of agency organization, procedure, or man- 
agement which may affect the equitable consideration of public 
and private interests, the fairness of agency decisions, the speed 
of agency action, and the relationship of operating methods to 
later judicial review, but does not include the scope of agency re- 
sponsibility as established by law or matters of substantive policy 
committed by law to agency discretion. 

(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 388.) 

§ 573. Administrative Conference of the United States 

(a) The Administrative Conference of the United States consists of 
not more than 91 nor less than 75 members appointed as set forth in 
subsection (b) of this section. 

(b) The Conference is composed of — 

(1) a full-time Chairman appointed for a 5-year term by the 
President, by and with the advice .and consent of the Senate. The 
Chairman is entitled to pay at the highest rate established by 
statute for the chairman of an independent regulatory board or 
commission, and may continue to serve until his successor is 
appointed and has qualified : 

(2) the chairman of each independent regulatory board or com- 
mission or an individual designated by the board or commission ; 



Sec. 574 42 

(3) the head of each Executive department or other adminis- 
trative agency which is designated by the President, or an indi- 
vidual designated by the head of the department or agency ; 

(4) when authorized by the Council referred to in section 575 
(b) of this title, one or more appointees from a board, commission, 
department, or agency referred to in this subsection, designated 
by the head thereof with, in the case of a board or commission, the 
approval of the board or commission ; 

(5) individuals appointed by the President to membership on 
the Council who are not otherwise members of the Conference; 
and 

(6) not more than 36 other members appointed by the Chair- 
man, with the approval of the Council, for terms of 2 years, except 
that the number of members appointed by the Chairman may at 
no time be less than one-third nor more than two-fifths of the 
total number of members. The Chairman shall select the members 
in a manner which will provide broad representation of the views 
of private citizens and utilize diverse experience. The members 
shall be members of the practicing bar, scholars in the field of 
administrative law or government, or others specially informed by 
knowledge and experience with respect to Federal administrative 
procedure. 

(c) Members of the Conference, except the Chairman, are not en- 
titled to pay for service. Members appointed from outside the Federal 
Government are entitled to travel expenses, including per diem instead 
of subsistence, as authorized by section 5703 of this title for individ- 
uals serving without pay. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 389.) 

§ 574. Powers and duties of the Conference 

To carry out the purpose of this subchapter, the Administrative 
Conference of the United States may — 

(1) study the efficiency, adequacy, and fairness of the adminis- 
trative procedure used by administrative agencies in carrying out 
administrative programs, and make recommendations to adminis- 
trative agencies, collectively or individually, and to the President. 
Congress, or the Judicial Conference of the United States, in con- 
nection therewith, as it considers appropriate; 

(2) arrange for interchange among administrative agencies of 
information potentially useful in improving administrative pro 
cedure; and 

(3) collect information and statistics from administrative agon 
cies and publish such reports as it considers useful for evaluating 
and improving administrative procedure. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 390) . 

§ 575. Organization of the Conference 

(a) The membership of the Administrative Conference of th< 
United States meeting in plenary session constitutes the Assembly o: 
the Conference. The assembly has ultimate authority over all activitiei 
of the Conference. Specifically, it has the power to — 

(1) adopt, such recommendations as it considers appropriat 
for improving administrative procedure. A member who disagree; 
with a recommendation adopted by the Assembly is entitled U 



:! 



en 



ate< 
A 



A3 Sec. 575 

enter a dessenting opinion and an alternate proposal in the record 
of the Conference proceedings, and the opinion and proposal so 
entered shall accompany the Conference recommendation in a 
publication or distribution thereof; and 

(2) adopt bylaws and regulations not inconsistent with this 
subchapter for carrying out the functions of the Conference, in- 
cluding the creation of such committees as it considers necessary 
for the conduct of studies and the development of recommenda- 
tions for consideration by the Assembly. 

(b) The Conference includes a Council composed of the Chairman 
of the Conference, who is Chairman of the Council, and 10 other mem- 
bers appointed by the President, of whom not more than one-half 
hall be employees of Federal regulatory agencies or Executive de- 
Dartments. The President may designate a member of the Council as 
Vice Chairman. During the absence or incapacity of the Chairman or 
when that office is vacant, the Vice Chairman shall serve as Chairman. 
The term of each member, except the Chairman, is 3 years. When the 
term of a member ends, he may continue to serve until a successor is 
appointed. However, the service of any member ends when a change 
in his employment status would make him ineligible for Council 
membership under the conditions of his original appointment. The 
Council has the power to — 

(1) determine the time and place of plenary sessions of the 
Conference and the agenda for the sessions. The Council shall 
call at least one plenary session each year ; 

(2) propose bylaws and regulations, including rules of proce- 
dure and committee organization, for adoption by the Assembly; 

(3 make recommendations to the Conference or its committees 
on a subject germane to the purpose of the Conference ; 

(4) receive and consider reports and recommendations of com- 
mittees of the Conference and send them to members of the Con- 
ference with the views and recommendations of the Council; 

(5) designate a member of the Council to preside at meetings 
of the Council in the absence or incapacity of the Chairman and 
Vice Chairman ; 

(6) designate such additional officers of the Conference as it 
considers desirable; 

(7) approve or revise the budgetary proposals of the Chair- 
man; and 

(8) exercise such other powers as may be delegated to it by the 
Assembly. 

(c) The Chairman is the chief executive of the Conference. In that 
capacity he has the power to — 

(1) make inquiries into matters he considers important for 
Conference consideration, including matters proposed by individ- 
uals inside or outside the Federal Government ; 

(2) be the official spokesman for the Conference in relations 
with the several branches and agencies of the Federal Government 
and with interested organizations and individuals outside the 
Government, including responsibility for encouraging Federal 
agencies to carry out the recommendations of the Conference; 

(3) request agency heads to provide information needed by the 



Sec. 575 44 

Conference, which information shall be supplied to the extent 
permitted by law; 

(4) recommend to the Council appropriate subjects for action 
by the Conference; 

(5) appoint, with the approval of the Council, members of 
committees authorized by the bylaws and regulations of the 
Conference ; 

(6) prepare, for approval of the Council, estimates of the budg- 
etary requirements of the Conference; 

(7) appoint and fix the pay of employees, define their duties 
and responsibilities, and direct and supervise their activities ; 

(8) rent office space in the District of Columbia; 

(9) provide necessary services for the Assembly, the Council, 
and the committees of the Conference ; 

(10) organize and direct studies ordered by the Assembly or 
the Council, to contract for the performance of such studies with 
any public or private persons, firm, association, corporation, or 
institution under title III of the Federal Property and Adminis- 
trative Services Act of 1949, as amended (41 U.S.C. 251-260) , and 
to use from time to time, as appropriate, experts and consultants 
who may be employed in accordance with section 3109 of this title 
at rates not in excess of the maximum rate of pay for grade GS-15 
as provided in section 5332 of this title ; 

(11) utilize, with their consent, the services and facilities of 
Federal agencies and of State and private agencies and instru- 
mentalities with or without reimbursement ; 

(12) accept, hold, administer, and utilize gifts, devices, and be- 
quests of property, both real and personal, for the purpose of 
aiding and facilitating the work of the Conference. Gifts and be- 
quests of money and proceeds from sales of other property re- 
ceived as gifts, devises, or bequests shall be deposited in the 
Treasury and shall be disbursed upon the order of the Chairman. 
Property accepted pursuant to this section, and the proceeds there- 
of, shall be used as nearly as possible in accordance with the terms 
of the gifts, devises, or bequests. For purposes of Federal income, 
estate, or gift taxes, property accepted under this section shall be 
considered as a gift, do vise, or 'bequest to the United States; 

(13) accept voluntary and uncompensated services notwith- 
standing the provisions of section 3679(b) of the Revised Statutes 
(31 U.S.C. 665(b)); 

(14) on request of the head of an agency, furnish assistance and 
advice on matters of administrative procedure; and 

(15) exercise such additional authority as the Council or As- 
sembly delegates to him. 

The Chairman shall preside at meetings of the Council and at each 
plenary session of the Conference, to which he shall make a full report 
concerning the affairs of the Conference since the last preceding 
plenary session. The Chairman, on behalf of the Conference, shall 
transmit to the President and Congress an annual report and such 
interim reports as he considers desirable. (Pub. L. 89-554, Sept. 6, 
1 966, 80 Stat. 31)0. amended Pub. L. 02-526, § 1, Oct. 21, 1972, 86 Stat. 
1048.) 



45 Sec. 576 

§576. Appropriations 

To carry out the purposes of this subchapter, there are authorized to 
be appropriated sums not to exceed $1,700,000 for the fiscal year ending 
September 30, 1979, $2,000,000 for the fiscal year ending September 30, 
1980, $2,300,000 for the fiscal year ending September 30, 1981, and 
$2,300,000 for the fiscal year ending September 30, 1982. (Pub. L. 95- 
293, June 13, 1978, 92 Stat. 317.) 



35-550 O - 79 



Sec. 701 46 



CHAPTER 7— JUDICIAL REVIEW 

Sec. 

701. Application ; definitions. 

702. Right of review. 

703. Form and venue of proceeding 

704. Actions reviewable. 

705. Relief pending review. 

706. Scope of review. 

§ 701. Application ; definitions 

(a) This chapter applies, according to the provisions thereof, ex- 
cept to the extent that — 

( 1 ) statutes preclude j udicial review ; or 

(2) agency action is committed to agency discretion by law. 

(b) For the purpose of this chapter — 

(1) "agency" means each authority of the Government of the 
United States, whether or not it is within or subject to review by 
another agency, but does not include — 

(A) the Congress; 

( B ) the courts of the United States ; 

(C) the governments of the territories or possessions of 
the United States ; 

( D) the government of the District of Columbia ; 

(E) agencies composed of representatives of the parties 
or of representatives of organizations of the parties to the 
disputes determined by them ; 

( F ) courts martial and military commissions ; 

(G) military authority exercised in the field in time of 
war or in occupied territory ; or 

(H) functions conferred by sections 1738, 1739, 1743, and 
1744 of title 12; chapter 2 of title 41; or sections 1622, 1884, 
1891-1902, and former section 1641(b)(2), of title 50, 
appendix; and 

(2) "person", "rule", "order", "license", "sanction", "relief", 
and "agency action" have the meanings given them by section 551 
of this title. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat 392.) 

§ 702. Right of review 

A person suffering legal wrong because of agency action, or ad- 
versely affected or aggrieved by agency action within the meaning of 
a relevant statute, is entitled to judicial review thereof. An action in a 
court of the United States seeking relief other than money damages 
and stating a claim that an agency or an officer or employee thereof 
a<ted or failed to act in an official capacity or under color of legal 
authority shall not be dismissed nor relief therein be denied on the 
ground that it is against the United States or that the United States is 
an indispensable party. The United States may be named as a defend- 



47 Sec. 703 

ant in any such action, and a judgment or decree may be entered 
against the United States: Provided, That any mandatory or injunc- 
tive decree shall specify the Federal officer or officers (by name or by 
title), and their successors in office, personally responsible for compli- 
ance. Nothing herein (1) affects other limitations on judicial review 
or the power or duty of the court to dismiss any action or deny relief 
on any other appropriate legal or equitable ground; or (2) confers 
authority to grant relief if any other statute that grants consent to 
suit expressly or impliedly forbids the relief which is sought. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat, 392; amended Pub. L. 94-574, Oct, 21, 
1976, 90 Stat. 2721.) 

§703. Form and venue of proceeding 

The form of proceeding for judicial review is the special statutory 
review proceeding relevant to the subject matter in a court specified by 
statute or, in the absence or inadequacy thereof, any applicable form 
of legal action, including actions for declaratory judgments or writs of 
prohibitory or mandatory injunction or habeas corpus, in a court of 
competent jurisdiction. If no special statutory review proceeding is 
applicable, the action for judicial review may be brought against the 
United States, the agency by its official title, or the appropriate officer. 
Except to the extent that prior, adequate, and exclusive opportunity 
for judicial review is provided by law, agency action is subject to 
judicial review in civil or criminal proceedings for judical enforce- 
ment. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 392; amended Pub. L. 
94-574, Oct. 21, 1976, 90 Stat. 2721.) 

§ 704. Actions reviewable 

Agency action made reviewable by statute and final agency action 
for which there is no other adequate remedy in a court are subject to 
judicial review. A preliminary, procedural, or intermediate agency 
action or ruling not directly reviewable is subject to review on the 
review of the final agency action. Except as otherwise expressly 
required by statute, agency action otherwise final is final for the pur- 
poses of this section whether or not there has been presented or deter- 
mined an application for a declaratory order, for any form of re- 
consideration, or, unless the agency otherwise requires by rule and 
provides that the action meanwhile is inoperative, for an appeal to 
superior agency authority. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.) 

§ 705. Relief pending review 

When an agency finds that justice so requires, it may postpone the 
effective date of action taken by it, pending judicial review. On such 
conditions as may be required and to the extent necessary to prevent 
irreparable injury, the reviewing court, including the court to which 
a case may be taken on appeal from or on application for certiorari or 
other writ to a reviewing court, may issue all necessary and appropri- 
ate process to postpone the effective date of an agency action or to pre- 
serve status or rights pending conclusion of the review proceedings. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.) 

§706. Scope of review 

To the extent necessary to decision and when presented, the review- 
ing court shall decide all relevant questions of law, interpret constitu- 



Sec. 706 48 

tional and statutory provisions, and determine the meaning or ap- 
plicability of the terms of an agency action. The reviewing court 
shall — 

(1) compel agency action unlawfully withheld or unreasonably 
delayed; and 

(2) hold unlawful and set aside agency action, findings, and 
conclusions found to be — 

(A) arbitrary, capricious, an abuse of discretion, or other- 
wise not in accordance with law ; 

(B) contrary to constitutional right, power, privilege, or 
immunity ; 

(C) in excess of statutory jurisdiction, authority, or limi- 
tations, or short of statutory right ; 

(D) without observance of procedure required by law; 

(E) unsupported by substantial evidence in a case subject 
to sections 556 and 557 of this title or otherwise reviewed on 
the record of an agency hearing provided by statute ; or 

(F) unwarranted by the facts to the extent that the facts 
are subject to trial de novo by the reviewing court. 

In making the foregoing determinations, the court shall review the 
whole record or those parts of it cited by a party, and due account 
shall be taken of the rule of prejudicial error. (Pub. L. 89-554, Sept. 
6, 1966, 80 Stat. 393.) 



< 



49 Sec. 901 



CHAPTER 9— EXECUTIVE REORGANIZATION 

Sec. 

901. Purpose. 

902. Definitions. 

903. Reorganization plans. 

904. Additional contents of reorganization plan. 

905. Limitations on powers. 

906. Effective date and publication of reorganization plans. 

907. Effect on other laws, pending legal proceedings, and unexpended appro- 

priations. 

908. Rules of Senate and House of Representatives on reorganization plans. 

909. Terms of resolution. 

910. Introduction and reference of resolution. 

911. Discharge of committee considering resolution. 

912. Procedure after report or discharge of committee; debate; vote on final 

disapproval. 

§901. Purpose 

(a) The Congress declares that it is the policy of the United 
States — 

(1) to promote the better execution of the laws, the more ef- 
fective management of the executive branch and of its agencies 
and functions, and the expeditious administration of the public 
business ; 

(2) to reduce expenditures and promote economy to the fullest 
extent consistent with the efficient operation of the Government ; 

(3) to increase the efficiency of the operations of the Govern- 
ment to the fullest extent practicable ; 

(4) to group, coordinate, and consolidate agencies and func- 
tions of the Government, as nearly as may be, according to major 
purposes ; 

(5) to reduce the number of agencies by consolidating those 
having similar functions under a single head, and to abolish such 
agencies or functions thereof as may not be necessary for the effi- 
cient conduct of the Government ; and 

(6) to eliminate overlapping and duplication of effort. 

(b) Congress declares that the public interest demands the carry- 
ing out of the purposes of subsection (a) of this section and that the 
purposes may be accomplished in great measure by proceeding under 
this chapter, and can be accomplished more speedily thereby than by 
the enactment of specific legislation. 

(c) It is the intent of Congress that the President should provide 
appropriate means for broad citizen advice and participation in 
restructuring and reorganizing the executive branch. 

(d) The President shall from time to time examine the organiza- 
tion of all agencies and shall determine what changes in such organi- 
zation are necesary to carrv out any policy set forth in subsection (a) 
of this section. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 29.) 



Sec. 902 50 

§902. Definitions 

For the purpose of this chapter — 

(1) "agency" means — 

(A) an Executive agency or part therof ; and 

(B ) an office or officer in the executive branch ; 
but does not include the General Accounting Office or the Comp- 
troller General of the United States ; 

(2) "reorganization" means a transfer, consolidation, coordina- 
tion, authorization, or abolition, referred to in section 903 of this 
title; and 

(3) "officer" is not limited by section 2104 of this title. 
(Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 30.) 

§903. Reorganization plans 

(a) Whenever the President, after investigation, finds that changes 
in the organization of agencies are necessary to carry out any policy 
set forth in section 901(a) of this title, he shall prepare a reorganiza- 
tion plan specifying the reorganization he finds are necessary. Any 
plan may provide for — 

(1) the transfer of the whole or a part of an agency, or of the 
whole or a part of the functions thereof, to the jurisdiction and 
control of another agency ; 

(2) the abolition of all or a part of the functions of an agency, 
except that no enforcement function or statutory program shall 
be abolished by the plan ; 

(3) the consolidation or coordination of the whole or a part 
of an agency, or of the whole or a part of the functions thereof, 
with the whole or a part of another agency or the functions 
thereof ; 

(4) the consolidation or coordination of a part of an agency 
or the functions thereof with another part of the same agency or 
the functions thereof ; 

(5) the authorization of an officer to delegate any of his func- 
tions; or 

(6) the abolition of the whole or a part of an agency which 
agency or part does not have, or on the taking effect of the re- 
organization plan will not have, any functions. 

The President shall transmit the plan (bearing an identification num- 
ber) to the Congress together with a declaration that, with respect to 
each reorganization included in the plan, he has found that the re- 
organization is necessary to carry out any policy set forth in section 
901(a) of this title. 

(b) The President shall have a reorganization plan delivered to 
both Houses on the same day and to each House while it is in session, 
except that no more than three plans may be pending before the Con- 
gress atone time. In his message transmitting a reorganization plan, 
the President shall specify with respect to each abolition of a function 
included in the plan the statutory authority for the exercise of the 
function. The message shall also estimate any reduction or increase in 
expenditures (itemized so far as practicable), and describe any im-l 
provements in management, delivery of Federal services, execution u 
of the laws, and increases in efficiency of Government operations, ' 



51 Sec. 904 

which it is expected will be realized as a result of the reorganizations 
included in the plan. 

(c) Any time during the period of thirty calendar days of con- 
tinuous session of Congress after the date on which the plan is trans- 
mitted to it, but before any resolution described in section 909 has 
been ordered reported in either House, the President may make amend- 
ments or modifications to the plan, consistent with sections 903-905 of 
this title, which modifications or revisions shall thereafter be treated 
as a part of the reorganization plan originally transmitted and shall 
not affect in any way the time limits otherwise provided for in this 
chapter. The President may withdraw the plan any time prior to the 
conclusion of sixty calendar days of continuous session of Congress 
following the date on which the plan is submitted to Congress. (Pub. 
L. 95-17, Apr. 6, 1977, 91 Stat. 31.) 

§ 904. Additional contents of reorganization plan 

A reorganization plan transmitted by the President under section 
903 of this title— 

(1) may change, in such cases as the President considers neces- 
sary, the name of an agency affected by a reorganization and the 
title of its head, and shall designate the name on an agency result- 
ing from a reorganization and the title of its head ; 

(2) may provide for the appointment and pay of the head and 
one or more officers of any agency (including an agency resulting 
from a consolidation or other type of reorganization) if the Presi- 
dent finds, and in his message transmitting the plan declares, that 
by reason of a reorganization made by the plan the provisions are 
necessary ; 

(3) shall provide for the transfer or other disposition of the 
records, property, and personnel affected by a reorganization; 

(4) shall provide for the transfer of such unexpended balances 
of appropriations, and of other funds, available for use in connec- 
tion with a function or agency affected by a reorganization, as the 
President considers necessary by reason of the reorganization for 
use in connection with the functions affected by the reorganiza- 
tion, or for the use of the agency which shall have the functions 
after the reorganization plan is effective; and 

(5) shall provide for terminating the affairs of an agency 
abolished. 

A reorganization plan transmitted by the President containing provi- 
sions authorized by paragraph (2) of this section may provide that the 
head of an agency be an individual or a commission or board w T ith more 
than one member. In the case of an appointment of the head of such an 
agency, the term of office may not be fixed at more than four years, the 
pay may not be at a rate in excess of that found by the President to be 
applicable to comparable officers in the executive branch, and if the 
appointment is not to a position in the competitive service, it shall be 
by the President, by and with the advice and consent of the Senate. 
Any reorganization plan transmitted by the President containing pro- 
visions required by paragraph (4) of this section shall provide for 
the transfer of unexpended balances only if such balances are used for 
the purposes for which the appropriation was originally made. (Pub. 
L. 95-17, Apr. 6, 1977, 91 Stat. 31.) 



Sec. 905 52 

§ 905. Limitation on powers 

(a) A reorganization plan may not provide for, and a reorganiza- 
tion under this chapter may not have the effect of — 

(1) creating a new executive department, abolishing or trans- 
ferring an executive department or independent regulatory 
agency, or all the functions thereof, or consolidating two or more 
executive departments or two or more independent regulatory 
agencies, or all the functions thereof ; 

(2) continuing an agency beyond the period authorized by law 
for its existence or beyond the time when it would have terminated 
if the reorganization had not been made ; 

(3) continuing a function beyond the period authorized by 
law for its exercise or beyond the time when it would have ter- 
minated if the reorganization had not been made; 

(4) authorizing an agency to exercise a function which is not 
expressly authorized by law at the time the plan is transmitted to 
Congress ; 

(5) increasing the term of an office beyond that provided by 
law for the office ; or 

(6) dealing with more than one logically consistent subject 
matter. 

(b) A provision contained in a reorganization plan may take effect 
only if the plan is transmitted to Congress within three years of the 
date of enactment of the Reorganization Act of 1977. (Pub. L. 95-17, 
Apr. 6, 1977, 91 Stat. 32.) 

§906. Effective date and publication of reorganization plans 

(a) Except as otherwise provided under subsection (c) of this sec- 
tion, a reorganization plan is effective at the end of the first period of 
sixty calendar days of continuous session of Congress after the date on 
which the plan is transmitted to it unless, between the date of trans- 
mittal and the end of the sixty-day period, either House passes a reso- 
lution stating in substance that the House does not favor the reorgani- 
zation plan. 

(b) For the purpose of this chapter — 

(1) continuity of session is broken only by an adjournment of 
Congress sine die; and 

(2) the days on which either House is not in session because of 
an adjournment of more than three days to a day certain are ex- 
cluded in the computation of any period of time in which Congress 
is in continuous session. 

(c) Under provisions contained in a reorganization plan, any provi-. 
sion thereof may be effective at a time later than the date on which the 
plan otherwise is effect ive or, if both Houses of Congress have defeated 
B resolution of disapproval, may be effective at a time earlier than the 
expiration of the sixty-day period required by subsection (a). 

(d) A reorganization plan which is effective shall be printed (1) ii 
the Statutes at Large in the same volume as the public laws and (2) ir 
the Federal Register. (Pub. L. 95-17, Apr. 6, 1077, 91 Stat. 32.) 

§907. Effect on other laws, pending legal proceedings, and unex 
pended appropriations 

(a) A statute enacted, and a regulation or other action made, pre 
scribed, issued, granted, or performed in respect of or by an agency o 



53 Sec. 908 

function affected by a reorganization under this chapter, before the 
effective date of the reorganization, has, except to the extent rescinded, 
modified, superseded, or made inapplicable by or under authority of 
law or by the abolition of a function, the same effect as if the reorga- 
nization had not been made. However, if the statute, regulation, or 
other action has vested the functions in the agency from which it is 
removed under the reorganization plan, the function, insofar as it is 
to be exercised after the plan becomes effective, shall be deemed as 
vested in the agency under which the function is placed by the plan. 

(b) For the purpose of subsection (a) of this section, "regulation or 
other action" means a regulation, rule, order, policy, determination, 
directive, authorization, permit, privilege, requirement, designation, or 
other action. 

(c) A suit, action, or other proceeding lawfully commenced by or 
against the head of an agency or other officer of the United States, in 
his official capacity or in relation to the discharge of his official duties, 
does not abate by reason of the taking effect of a reorganization plan 
under this chapter. On motion or supplemental petition filed at any 
time within twelve months after the reorganization plan takes effect, 
showing a necessity for a survival of the suit, action, or other proceed- 
ing to obtain a settlement of the questions involved, the court may allow 
the suit, action, or other proceeding to be maintained by or against the 
successor of the head or officer under the reorganization effected by the 
plan or, if there is no successor, against such agency or officer as the 
President designates. 

(d) The appropriations or portions of appropriations unexpended 
by reason of the operation of the chapter may not be used for any pur- 
pose, but shall revert to the Treasury. (Pub. L. 95-17, Apr. 6. 1977, 91 
Stat. 33.) 

§ 908. Rules of Senate and House of Representatives on reorga- 
nization plans 

Sections 909 through 912 of this title are enacted by Congress — 

(1) as an exercise of the rulemaking power of the Senate and 
the House of Representatives, respectively, and as such they are 
deemed a part of the rules of each House, respectively, but appli- 
cable only with respect to the procedure to be followed in that 
House in the case of resolutions described by section 909 of this 
title; and they supersede other rules only to the extent that they 
are inconsistent therewith ; and 

(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time, in the same manner and to the same 
extent as in the case of anv other rule of that House (Pub. L. 95-17, 
Apr. 6, 1977, 91 Stat. 33.)" 

§ 909. Terms of resolution 

For the purpose of sections 908 through 912 of this title, "resolu- 
tion" means only a resolution of either House of Congress, the matter 
after the resolving clause of which is as follows : "That the does 

not favor the reorganization plan numbered transmitted to the 

Congress by the President on , 19 .", and includes such modi- 

fications and revisions as are submitted by the President under section 



Sec. 910 54 

903(c) of this chapter. The blank spaces therein are to be filled appro- 
priately. The term does not include a resolution which specifies more 
than one reorganization plan. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 33.) 

§910. Introduction and reference of resolution 

(a) No later than the first day of session following the day on 
which a reorganization plan is transmitted to the House of Repre- 
sentatives and the Senate under section 903, a resolution, as defined 
in section 909, shall be introduced (by request) in the House by the 
chairman of the Government Operations Committee of the House, or 
by a Member or Members of the House designated by such chairman ; 
and shall be introduced (by request) in the Senate by the chairman 
of the Governmental Affairs Committee of the Senate, or by a Member 
or Members of the Senate designated by such chairman. 

(b) A resolution with respect to a reorganization plan shall be 
referred to the Committee on Governmental Affairs of the Senate 
and the Committee on Government Operations of the House (and all 
resolutions with respect to the same plan shall be referred to the same 
committee) by the President of the Senate or the Speaker of the 
House of Representatives, as the case may be. The committee shall 
make its recommendations to the House of Representatives or the 
Senate, respectively, within 45 calendar days of continuous session of 
Congress following the date of such resolution's introduction. (Pub. L. 
95-17, Apr. 6, 1977, 91 Stat. 34.) 

§ 911. Discharge of committee considering resolution 

If the committee to which is referred a resolution introduced pur- 
suant to subsection (a) of section 910 (or, in the absence of such a 
resolution the first resolution introduced with respect to the same 
reorganization plan) has not reported such resolution or identical 
resolution at the end of 45 calendar days of continuous session of 
Congress after its introduction, such committee shall be deemed to be 
discharged from further consideration of such resolution and such 
resolution shall be placed on the appropriate calendar of the House 
involved. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 34.) 

§ 912. Procedure after report or discharge of committee ; debate ; 
vote on final disapproval 

(a) When the committee has reported, or has been deemed to be 
discharged (under section 911) from further consideration of, a reso- 
lution with respect to a reorganization plan, it is at any time there- 
after in order (even though a previous motion to the same effect has 
been disagreed to) for any Member of the respective House to move 
to proceed to the consideration of the resolution. The motion is highly 
privileged and is not debatable. The motion shall not be subject tc 
amendment, or to a motion to postpone, or a motion to proceed to the 
consideration of other business. A motion to reconsider the vote b} 
which the motion is agreed to or disagreed to shall not be in order 
If a motion to proceed to the consideration of the resolution is agreec 
to, the resolution shall remain the unfinished business of the respective 
House until disposed of. 

(b) Debate on the resolution, and on all debatable motions anc i 
appeals in connection therewith, shall be limited to not more than tei 



55 Sec. 912 

hours, which shall be divided equally between individuals favoring 
and individuals opposing the resolution. A motion further to limit 
debate is in order and not debatable. An amendment to, or a motion 
to postpone, or a motion to proceed to the consideration of other busi- 
ness, or a motion to recommit the resolution is not in order. A motion 
to reconsider the vote by which the resolution is agreed to or disagreed 
to shall not be in order. 

(c) Immediately following the conclusion of the debate on the 
resolution with respect to a reorganization plan, and a single quorum 
call at the conclusion of the debate if requested in accordance with the 
rules of the appropriate House, the vote on final approval of the reso- 
lution shall occur. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 34.) 

(d) Appeals from the decisions of the Chair relating to the appli- 
cation of the rules of the Senate or the House of Representatives, as 
the case may be, to the procedure relating to a resolution with respect 
to a reorganization plan shall be decided without debate. (Pub. L. 95- 
17, April 6, 1977, 91 Stat. 35.) 



PART II— CIVIL SERVICE FUNCTIONS AND 
RESPONSIBILITIES 

Chapter Sec. 

11 — Office of Personnel Management 1101 

12 — Merit Systems Protection Board and Special Counsel. 1201 

13— Special Authority 1301 

15 — Political Activity of Certain State and J,ocal Employees. 1501 

(57) 



Sec. 1101 58 



CHAPTER 11— OFFICE OF PERSONNEL MANAGEMENT 

Sec. 

1101. Office of Personnel Management. 

1102. Director ; Deputy Director ; Associate Directors. 

1103. Functions of the Director. 

1104. Delegation of authority for personnel management. 

1105. Administrative procedure. 

§ 1101. Office of Personnel Management 

The Office of Personnel Management is an independent establish- 
ment in the executive branch. The Office shall have an official seal, 
which shall be judicially noticed, and shall have its principal office in 
the District of Columbia, and may have field offices in other appropri- 
ate locations. (Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1119.) 

§1102. Director; Deputy Director; Associate Directors 

(a) There is at the head of the Office of Personnel Management a 
Director of the Office of Personnel Management appointed by the 
President, by and with the advice and consent of the Senate. The term 
of office of any individual appointed as Director shall be 4 years. 

(b) There is in the Office a Deputy Director of the Office of Person- 
nel Management appointed by the President, by and with the advice 
and consent of the Senate. The Deputy Director shall perform such 
functions as the Director may from time to time prescribe and shall 
act as Director during the absence or disability of the Director or 
when the office of Director is vacant. 

(c) No individual shall, while serving as Director or Deputy Direc- 
tor, serve in any other office or position in the Government of the 
United States except as otherwise provided by law or at the direction 
of the President. The Director and Deputy Director shall not recom- 
mend any individual for appointment to any position (other than 
Deputy Director of the Office) which requires the advice and consent 
of the Senate. 

(d) There may be within the Office of Personnel Management not 
more than 5 Associate Directors, as determind from time to time by 
the Director. Each Associate Director shall be appointed by the 
Director. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1119.) 

§ 1103. Functions of the Director 

(a) The following functions are vested in the Director of the Office 
of Personnel Management, and shall be performed by the Director, or 
subject to section 1 104 of this title, by such employees of the Office as 
the Director designates: 

(1) securing accuracy, uniformity, and justice in the functions 
of the Office ; 

(2) appointing individuals to be employed by the Office; 

(3) directing and supervising employees of the Office, distrib- 
uting business among employees and organizational units of the 
Office, and directing the internal management of the Office; 



59 Sec. 1104 

(4) directing the preparation of requests for appropriations 
for the Office and the use and expenditure of funds by the Office ; 

(5) executing, administering, and enforcing — 

(A) the civil service rules and regulations of the President 
and the Office and the laws governing the civil service; and 

(B) the other activities of the Office including retirement 
and classification activities ; 

except with respect to functions for which the Merit Systems Pro- 
tection Board or the Special Counsel is primarily responsible; 

(6) reviewing the operations under chapter 87 of this title; 

(7) aiding the President, as the President may request, in 
preparing such civil service rules as the Persident prescribes, and 
otherwise advising the President on actions which may be taken 
to promote an efficient civil service and a systematic application 
of the merit system principles, including recommending policies 
relating to the selection, promotion, transfer, performance, pay, 
conditions of service, tenure, and separation of employees; and 

(8) conducting, or otherwise providing for the conduct of, 
studies and research under chapter 47 of this title into methods 
of assuring improvements in personnel management. 

(b) (1) The Director shall publish in the Federal Register general 
notice of any rule or regulation which is proposed by the Office and 
the application of which does not apply solely to the Office or its 
employees. Any such notice shall include the matter required under 
section 553(b) (1), (2), and (3) of this title. 

(2) The Director shall take steps to ensure that — 

(A) any proposed rule or regulation to which paragraph 
(1) of this subsection applies is posted in offices of Federal 
agencies maintaining copies of the Federal personnel regulations ; 
and 

(B) to the extent the Director determines appropriate and 
practical, exclusive representatives of employees affected by such 
proposed rule or regulation and interested members of the public 
are notified of such proposed rule or regulation. 

(3) Paragraphs (1) and (2) of this subsection shall not apply 
to any proposed rule or regulation which is temporary in nature and 
which is necessary to be implemented expeditiously as a result of an 
emergency. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1120.) 

§ 1104. Delegation of authority for personnel management 

(a) Subject to subsection (b) (3) of this section — 

(1) the President may delegate, in whole or in part, authority 
for personnel management functions, including authority for 
competitive examinations, to the Director of the Office of Per- 
sonnel Management ; and 

(2) the Director may delegate, in whole or in part, any function 
vested in or delegated to the Director, including authority for 
competitive examinations (except competitive examinations for 
administrative law judges appointed under section 3105 of this 
title) , to the heads of agencies in the executive branch and other 
agencies employing persons in the competitive service ; 

except that the Director may not delegate authority for competitive 
examinations with respect to positions that have requirements which 



Sec. 1105 60 

are common to agencies in the Federal Government, other than in 
exceptional cases in which the interests of economy and efficiency 
require such delegation and in which such delegation will not weaken 
the application of the merit system principles. 

(b)(1) The Office shall establish standards which shall apply to 
the activities of the Office or any other agency under authority dele- 
gated imder subsection (a) of this section. 

(2) The Office shall establish and maintain an oversight program 
to ensure that activities under any authority delegated under subsec- 
tion (a) of this section are in accordance with the merit system 
principles and the standards established under paragraph (1) of 
this subsection. 

(3) Nothing in subsection (a) of this section shall be construed 
as affecting the responsibility of the Director to prescribe regula- 
tions and to ensure compliance with the civil service laws, rules, and 
regulations. 

(c) If the Office makes a written finding, on the basis of information 
obtained under the program established under subsection (b) (2) 
of this section or otherwise, that any action taken by an agency 
pursuant to authority delegated under subsection (a) (2) of this 
section is contrary to any law, rule, or regulation, or is contrary to 
any standard established under subsection (b) (1) of this section, 
the agency involved shall take any corrective action the Office may 
require. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1120.) 

§ 1105. Administrative procedure 

Subject to section 1103(b) of this title, in the exercise of the func- 
tions assigned under this chapter, the Director shall be subject to sub- 
sections (b), (e), and (d) of section 553 of this title, notwithstand- 
ing subsection (a) of such section 553. (Pub. L. 95-454, § 201(a), Oct. 
13, 1978, 92 Stat. 1121.) 



61 Sec. 1201 



CHAPTER 12— MERIT SYSTEMS PROTECTION BOARD 
AND SPECIAL COUNSEL 

Sec. 

1201. Appointment of members of the Merit Systems Protection Board. 

1202. Term of office ; filling vacancies ; removal. 

1203. Chairman ; Vice Chairman. 

1204. Special counsel ; appointment and removal. 

1205. Powers and functions of the Merit Systems Protection Board and Special 

Counsel. 

1206. Authority and responsibilities of the Special Counsel. 

1207. Hearings and decisions on complaints filed by the Special Counsel. 

1208. Stays of certain personnel actions. 

1209. Information. 

§ 1201. Appointment of members of the Merit Systems Protection 
Board 

The Merit Systems Protection Board is composed of 3 members 
appointed by the President, by and with the advice and consent of 
the Senate, not more than 2 of whom may be adherents of the same 
political party. The Chairman and members of the Board shall be 
individuals who, by demonstrated ability, background, training, or 
experience are especially qualified to carry out the functions of the 
Board. No member of the Board may hold another office or position 
in the Government of the United States, except as otherwise provided 
by law or at the direction of the President. The Board shall have an 
official seal which shall be judicially noticed. The Board shall have 
its principal office in the District of Columbia and may have field 
offices in other appropriate locations. (Pub. L. 95^54, Oct. 13, 1978, 
92 Stat. 1122.) 

§1202. Term of office, filling vacancies; removal 

(a) The term of office of each member of the Merit Systems Pro- 
tection Board is 7 years. 

(b) A member appointed to fill a vacancy occurring before the end 
of a term of office of his predecessor serves for the remainder of that 
term. Any appointment to fill a vacancy is subject to the requirements 
of section 1201 of this title. 

(c) Any member appointed for a 7-year term may not be reap- 
pointed to any following term but may continue to serve beyond the 
expiration of the term until a successor is appointed and has qualified, 
except that such member may not continue to serve for more than one 
year after the date on which the term of the member would otherwise 
expire under this section. 



35-550 O - 79 - 6 



Sec. 1203 62 

(d) Any member may be removed by the President only for 
inefficiency, neglect of duty, or malfeasance in office. (Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1122.) 

§1203. Chairman; Vice Chairman 

(a) The President shall from time to time, appoint, by and with 
the advice and consent of the Senate, one of the members of the Merit 
Systems Protection Board as the Chairman of the Board. The Chair- 
man is the chief executive and administrative officer of the Board. 

(b) The President shall from time to time designate one of the 
members of the Board as Vice Chairman of the Board. During the 
absence or disability of the Chairman, or when the office of Chairman 
is vacant, the Vice Chairman shall perform the functions vested in the 
Chairman. 

(c) During the absence or disability of both the Chairman and 
Vice Chairman, or when the offices of Chairman and Vice Chairman 
are vacant, the remaining Board member shall perform the functions 
vested in the Chairman. (Pub. L. 95-454, Oct, 13, 1978, 92 Stat. 1122.) 

§ 1204. Special Counsel ; appointment and removal 

The Special Counsel of the Merit Systems Protection Board shall 
be appointed by the President from attorneys, by and with the advice 
and consent of the Senate, for a term of 5 years. A Special Counsel 
appointed to fill a vacancy occurring before the end of a term of office 
of his predecessor serves for the remainder of the term. The Special 
Counsel may be removed by the President only for inefficiency, neglect 
of duty, or 'malfeasance in office. (Pub. L. 95-454, Oct, 13, 1978, 92 
Stat. 1122.) 

§ 1205. Powers and functions of the Merit Systems Protection 
Board and Special Counsel 

(a) The Merit Systems Protection Board shall — 

(1) hear, adjudicate, or provide for the hearing or adjudica- 
tion, of all matters within the jurisdiction of the Board under this 
title, section 2023 of title 38, or any other law, rule, or regulation, 
and, subject to otherwise applicable provisions of law, take final 
action on any such matter ; 

(2) order any Federal agency or employee to comply with 
any order or decision issued by the Board under the authority 
granted under paragraph (1) of this subsection and enforce com- 
pliance with any such order; 

(3) conduct, from time to time, special studies relating to the 
civil service and to other merit systems in the executive branch, 
and report to the President and to the Congress as to whether 
fche public interest in a civil service free of prohibited personnel 
practices is being adequately protected ; and 

(4) review, as provided in subsection (e) of this section, rules 
and regulations of the Office of Personnel Management. 

(b)(1) Any member of the Merit Systems Protection Board, the 
Special ( ounsel, any administrat ive law judge appointed by the Board 
under section 3105 of this title, and any employee of the Board desig- 
nated by the Board may administer oaths, examine witnesses, take dep- 
ositions, and receive evidence. 



63 Sec. 1205 

(2) Any member of the Board, the Special Counsel, and any 
administrative law judge appointed by the Board under section 3105 
of this title may — 

(A) issue subpenas requiring the attendance and testimony 
of witnesses and the production of documentary or other evidence 
from any place in the United States or any territory or possession 
thereof, the Commonwealth of Puerto Rico, or the District of 
Columbia; and 

(B) order the taking of depositions and order responses to 
written interrogatories. 

(3) Witnesses (whether appearing voluntarily or under subpena) 
shall be paid the same fee and mileage allowances which are paid 
subpenaed witnesses in the courts of the United States. 

(c) In the case of contumacy or failure to obey a subpena issued 
under subsection (b) (2) of this section, the United States district 
court for the judicial district in which the person to whom the subpena 
is addressed resides or is served may issue an order requiring such 
person to appear at any designated place to testify or to produce 
documentary or other evidence. Any failure to obey the order of the 
court may be punished by the court as a contempt thereof. 

(d) (1) In any proceeding under subsection (a) (1) of this section, 
any member of the Board may request from the Director of the Office 
of Personnel Management an advisory opinion concerning the inter- 
pretation of any rule, regulation, or other policy directive promul- 
gated by the Office of Personnel Management. 

(2) In enforcing compliance with any order under subsection (a) 
(2) of this section, the Board may order that any employee charged 
with complying with such order, other than an employee appointed 
by the President by and with the advice and consent of the Senate, 
shall not be entitled to receive payment for service as an employee 
during any period that the order lias not been complied with. The 
Board shall certify to the Comptroller General of the United States 
that such an order has been issued and no payment shall be made out 
of the Treasury of the United States for any service specified in such 
order. 

(3) In carrying out any study under subsection (a) (3) of this 
section, the Board shall make such inquiries as may be necessary and, 
unless otherwise prohibited by law, shall have access to personnel 
records or information collected by the Office and may require addi- 
tional reports from other agencies as needed. 

(e)(1) At any time after the effective date of any rule or regula- 
tion issued by the Director in carrying out functions under section 
1103 of this title, the Board shall review any provision of such rule 
or regulation — 

(A) on its own motion ; 

(B) on the granting by the Board, in its sole discretion, of 
any petition for such review filed with the Board by any interested 
person, after consideration of the petition by the Board ; or 

(C) on the filing of a written complaint by the Special Coun- 
sel requesting such review. 

(2) In reviewing any provision of any rule or regulation pursuant 
to this subsection the Board shall declare such provision — 



Sec. 1205 64 

(A) invalid on its face, if the Board determines that such 
provision would, if implemented by any agency, on its face, 
require any employee to violate section 2302(b) of this title; or 

(B) invalidly implemented by any agency, if the Board deter- 
mines that such provision, as it has been implemented by the 
agency through any personnel action taken by the agency or 
through any policy adopted by the agency in conformity with 
such provision, has required any employee to violate section 2302 
(b) of this title. 

(3) (A) The Director of the Office of Personnel Management, and 
the head of any agency implementing any provision of any rule or reg- 
ulation under review pursuant to this subsection, shall have the right 
to participate in such review. 

(B) Any review conducted by the Board pursuant to this sub- 
section shall be limited to determining — 

(i) the validity on its face of the provision under review; and 
(ii) whether the provision under review has been validly 
implemented. 

(C) The Board shall require any agency — 

(i) to cease compliance with any provisions of any rule or 
regulation which the Board declares under this subsection to be 
invalid on its face ; and 

(ii) to correct any invalid implementation by the agency of 
any provision of any rule or regulation which the Board declares 
under this subsection to have been invalidly implemented by the 
agency. 

(f ) The Board may delegate the performance of any of its admin- 
istrative functions under this title to any employee of the Board. 

(g) The Board shall have the authority to prescribe such regula- 
tions as may be necessary for the performance of its functions. The 
Board shall not issue advisory opinions. All regulations of the Board 
shall be published in the Federal Register. 

(h) Except as provided in section 518 of title 28, relating to litiga- 
tion before the Supreme Court, attorneys designated by the Chairman 
of the Board may appear for the Board, and represent the Board, in 
any civil action brought in connection with any function carried out 
by the Board pursuant to this title or as otherwise authorized by law. 

(i) The Chairman of the Board may appoint such personnel as 
may be necessary to perform the functions of the Board. Any appoint- 
ment made under this subsection shall comply with the provisions of 
this title, except that such appointment shall not be subject to the 
approval or supervision of the Office of Personnel Management or the 
Executive Office of the President (other than approval required under 
section 332 1 or subchapter VTT1 of chapter 33 of this title) . 

(j) The Board shall prepare and submit to the President, and, at 
the same time, to the appropriate committees of Congress, an annual 
budge! of the expenses and other items relating to the Board which 
shall, as revised, be included as a separate item in the budget required 
to he transmitted to the Congress under section 201 of the Budget and 
Accounting Act, 11)21 (31 U.S.C. 11). 

(k) The Board shall submit to the President, and, at the same time, 
to each House of the Congress, any legislative recommendations of 



65 Sec. 1206 

the Board relating to any of its functions under this title. (Pub. L. 
95-454, Oct. 13, 1978, 92 Stat, 1124.) 

§ 1206. Authority and responsibilities of the Special Counsel 

(a) (1) The Special Counsel shall receive any allegation of a pro- 
hibited personnel practice and shall investigate the allegation to the 
extent necessary to determine whether there are reasonable grounds to 
believe that a prohibited personnel practice has occurred, exists, or is 
to be taken. 

(2) If the Special Counsel terminates any investigation under 
paragraph (1) of this subsection, the Special Counsel shall prepare 
and transmit to any person on whose allegation the investigation was 
initiated a written statement notifying the person of the termination 
of the investigation and the reasons therefor. 

(3) In addition to authority granted under paragraph (1) of this 
subsection, the Special Counsel may, in the absence of an allegation, 
conduct an investigation for the purpose of determining whether 
there are reasonable grounds to believe that a prohibited personnel 
practice has occurred, exists, or is to be taken. 

(b) (1) In any case involving- — 

(A) any disclosure of information by an employee or appli- 
cant for employment which the employee or applicant reasonably 
believes evidences — 

(i) a violation of any law, rule, or regulation; or 
(ii) mismanagement, a gross waste of funds, an abuse 
of authority, or a substantial and specific danger to public 
health or safety ; 
if the disclosure is not specifically prohibited by law and if the 
information is not specifically required by Executive order to be 
kept secret in the interest of national defense or the conduct of 
foreign affairs ; or 

(B) a disclosure by an employee or applicant for employ- 
ment to the Special Counsel of the Merit Systems Protection 
Board, or to the Inspector General of an agency or another 
employee designated by the head of the agency to receive such 
disclosures of information which the employee or applicant rea- 
sonably believes evidences — 

(i) a violation of any law, rule, or regulation ; or 

(ii) mismanagement, a gross waste of funds, an abuse of 

authority, or a substantial and specific danger to public health 

or safety ; 
the identify of the employee or applicant may not be disclosed without 
the consent of the employee or applicant during any investigation 
under subsection (a) of this section or under paragraph (3) of this 
subsection, unless the Special Counsel determines that the disclosure 
of the identity of the employee or applicant is necessary in order to 
carry out the functions of the Special Counsel. 

(2) Whenever the Special Counsel receives information of the type 
described in paragraph (1) of this subsection, the Special Counsel 
shall promptly transmit such information to the appropriate agency 
head. 

(3) (A) In the case of information received by the Special Counsel 
under paragraph (1) of this section, if, after such review as the Spe- 



Sec. 1206 66 

cial Counsel determines practicable (but not later than 15 days after 
the receipt of the information) , the Special Counsel determines that 
there is a substantial likelihood that the information discloses a viola- 
tion of any law, rule, or regulation, or mismanagement, gross waste 
of funds, abuse of authority, or substantial and specific danger to the 
public health or safety, the Special Counsel may, to the extent pro- 
vided in subparagraph (B) of this paragraph, require the head of 
the agency to — 

(i) conduct an investigation of the information and any 
related matters transmitted by the Special Counsel to the head 
of the agency ; and 

(ii) submit a written report setting forth the findings of the 
head of the agency within 60 days after the date on which the 
information is transmitted to the head of the agency or within 
any longer period of time agreed to in writing by the Special 
Counsel. 
(B) The Special Counsel may require an agency head to conduct 
an investigation and submit a written report under subparagraph (A) 
of this paragraph only if the information was transmitted to the Spe- 
cial Counsel by — 

(i) any employee or former employee or applicant for employ- 
ment in the agency which the information concerns ; or 

(ii) any employee who obtained the information in connection 
with the performance of the employee's duties and responsibilities. 

(4) Any report required under paragraph (3) (A) of this sub- 
section shall be reviewed and signed by the head of the agency and 
shall include — 

(A) a summary of the information with respect to which the 
investigation was initiated ; 

(B) a description of the conduct of the investigation ; 

(C) a summary of any evidence obtained from the investiga- 
tion; 

(D) a listing of any violation or apparent violation of any 
law, rule, or regulation ; and 

(E) a description of any corrective action taken or planned as 
a result of the investigation, such as — 

(i) changes in agency rules, regulations, or practices; 
(ii) the restoration of any aggrieved employee; 
(iii) disciplinary action against any employee; and 
(iv) referral to the Attorney General of any evidence of 
a criminal violation. 

(5) (A) Any such report shall be submitted to the Congress, to the 
President, and to the Special Counsel for transmittal to the complain- 
ant. Whenever the Special Counsel does not receive the report of the 
agency head within the time prescribed in paragraph (3) (A) (ii) 
of this subsection, the Special Counsel may transmit a copy of the 
information which was transmitted to the agency head to the Presi- 
dent and to the Congress together with a statement noting the failure 
of the head of the agency to file the required report. 

(B) In any case in which evidence of a criminal violation obtained 
by an agency in an investigation under paragraph (3) of this sub- 
section is referred to the Attorney General — 

(i) the report shall not be transmitted to the complainant; 
and 



67 Sec. 1206 

(ii) the agency shall notify the Office of Personnel Manage- 
ment and the Office of Management and Budget of the referral. 

(6) Upon receipt of any report of the head of any agency required 
under paragraph (3) (A) (ii) of this subsection, the Special Counsel 
shall review the report and determine whether — 

(A) the findings of the head of the agency appear reasonable ; 
and 

(B) the agency's report under paragraph (3)(A)(ii) of this 
subsection contains the information required under paragraph 
(4) of this subsection. 

(7) Whenever the Special Counsel transmits any information to 
the head of the agency under paragraph (2) of this subsection but 
does not require an investigation under paragraph (3) of this sub- 
section, the head of the agency shall, within a reasonable time after 
the information was transmitted, inform the Special Counsel, in writ- 
ing, of what action has been or is to be taken and when such action 
will be completed. The Special Counsel shall inform the complainant 
of the report of the agency head. 

(8) Except as specifically authorized under this subsection, the 
provisions of this subsection shall not be considered to authorize dis- 
closure of any information by any agency or any person which is — 

(A) specifically prohibited from disclosure by any other pro- 
vision of law ; or 

(B) specifically required by Executive order to be kept secret 
in the interest of national defense or the conduct of foreign affairs. 

(9) In any case under subsection (b) (1) (B) of this section involv- 
ing foreign intelligence or counterintelligence information the dis- 
closure of which is specifically prohibited by law or by Executive 
order, the Special Counsel shall transmit such information to the 
Permanent Select Committee on Intelligence of the House of Repre- 
sentatives and the Select Committee on Intelligence of the Senate. 

(c) (1) (A) If, in connection with any investigation under this 
section, the Special Counsel determines that there are reasonable 
grounds to believe that a prohibited personnel practice has occurred, 
exists, or is to be taken which requires corrective action, the Special 
Counsel shall report the determination together with any findings or 
recommendations to the Board, the agency involved, and to the Office, 
and may report the determination, findings, and recommendations to 
the President. The Special Counsel may include in the report recom- 
mendations as to what corrective action should be taken. 

(B) If, after a reasonable period, the agency has not taken the 
corrective action recommended, the Special Counsel may request the 
Board to consider the matter. The Board may order such corrective 
action as the Board considers appropriate, after opportunity for 
comment by the agency concerned and the Office of Personnel 
Management. 

(2) (A) If, in connection with any investigation under this sec- 
tion, the Special Counsel determines that there is reasonable cause to 
believe that a criminal violation by an employee has occurred, the 
Special Counsel shall report the determination to the Attorney Gen- 
eral and to the head of the agency involved, and shall submit a copy 
of the report to the Director of the Office of Personnel Management 
and the Director of the Office of Management and Budget. 



Sec. 1206 68 

(B) In any case in which the Special Counsel determines that 
there are reasonable grounds to believe that a prohibited personnel 
practice has occurred, exists, or is to be taken, the Special Counsel 
may proceed with any investigation or proceeding instituted under 
this section notwithstanding that the alleged violation has been re- 
ported to the Attorney General. 

(3) If, in connection with any investigation under this section, the 
Special Counsel determines that there is reasonable cause to believe 
that any violation of any law, rule, or regulation has occurred which is 
not referred to in paragraph (1) or (2) of this subsection, the violation 
shall be reported to the head of the agency involved. The Special 
Counsel shall require, within 30 days of the receipt of the report by the 
agency, a certification by the head of the agency which states — 

(A) that the head of the agency has personally reviewed the 
report; and 

( B ) what action has been, or is to be, taken, and when the action 
will be completed. 

(d) The Special Counsel shall maintain and make available to the 
public a list of noncriminal matters referred to heads of agencies under 
subsections (b) (3) (A) and (c) (3) of this section, together with — 

(1) reports by the heads of agencies under subsection (b) (3) 
(A) of this section, in the case of matters referred under subsec- 
tion (b) ; and 

(2) certifications by heads of agencies under subsection (c)(3), 
in the case of matters referred under subsection (c). 

The Special Counsel shall take steps to ensure that any such public list 
does not contain any information the disclosure of which is prohibited 
by law or by Executive order requiring that information be kept secret 
in the interest of national defense or the conduct of foreign affairs. 

(e) (1) In addition to the authority otherwise provided in this sec- 
tion, the Special Counsel shall, except as provided in paragraph (2) of 
this subsection, conduct an investigation of any allegation concerning — 

(A) political activity prohibited under subchapter III of chap- 
ter 73 of this title, relating to political activities by Federal 
employees ; 

(B) political activity prohibited under chapter 15 of this title, 
relating to political activities by certain State and local officers 
and employees; 

(C) arbitrary or capricious withholding of information pro- 
hibited under section 552 of this title, except that the Special 
Counsel shall make no investigation under this subsection of any 
withholding of foreign intelligence or counterintelligence infor- 
mation the disclosure of which is specifically prohibited by law or 
by Executive order; 

(D) activities prohibited by any civil service law, rule, or regu- 
lation, including any activity relating to political intrusion in 
personnel decisonmaking; and 

(E) involvement by any employee in any prohibited discrimi- 
nation found by any court or appropriate administrative author- 
ity to have occurred m the course of any personnel action. 

(2) The Special ( Jounsel shall make no investigation of any allega- 
tion of any prohibited activity referred to in paragraph (1)(D) or 



69 Sec. 1206 

(1) (E) of this subsection if the Special Counsel determines that the 
allegation may be resolved more appropriately under an administra- 
tive appeals procedure. 

(f) During any investigation initiated under this section, no disci- 
plinary action shall be taken against any employee for any alleged 
prohibited activity under investigation or for any related activity 
without the approval of the Special Counsel. 

(g) (1) Except as provided in paragraph (2) of this subsection, if 
the Special Counsel determines that disciplinary action should be 
taken against any employee — 

(A) after any investigation under this section, or 

(B) on the basis of any knowing and willful refusal or failure 
by an employee to comply with an order of the Merit Systems 
Protection Board, 

the Special Counsel shall prepare a written complaint against the 
employee containing his determination, together with a statement of 
supporting facts, and present the complaint and statement to the 
employee and the Merit Systems Protection Board in accordance with 
section 1207 of this title. 

(2) In the case of an employee in a confidential, policy-making, 
policy-determining, or policy-advocating position appointed by the 
President, by and with the advice and consent of the Senate (other 
than an individual in the Foreign Sendee of the United States), the 
complaint and statement 'referred to in paragraph (1) of this subsec- 
tion, together with any response by the employee, shall be presented to 
the President for appropriate action in lieu of being presented under 
section 1207 of this title. 

(h) If the Special Counsel believes there is a pattern of prohibited 
personnel practices and such practices involve matters which are not 
otherwise appealable to the Board under section 7701 of this title, the 
Special Counsel may seek corrective action by filing a written com- 
plaint with the Board against the agency or employee involved and 
the Board shall order such corrective action as the Board determines 
necessary. 

(i) The Special Counsel may as a matter of right intervene or other- 
wise participate in any proceeding before the Merit Systems Protec- 
tion Board, except that the Special Counsel shall comply with the rules 
of the Board and the Special Counsel shall not have any right of ju- 
dicial review in connection with such intervention. 

(j) (1) The Special Counsel may appoint the legal, administrative, 
and support personnel necessary to perform the functions of the Spe- 
cial Counsel. 

(2) Any appointment made under this subsection shall comply with 
the provisions of this title, except that such appointment shall not be 
subject to the approval or supervision of the Office of Personnel Man- 
agement or the Executive Office of the President (other than approval 
required under section 3324 or subchapter VIII of chapter 33 of this 
title). 

(k) The Special Counsel may prescribe regulations relating to the 
receipt and investigation of matters under the jurisdiction of the 
Special Counsel. Such regulations shall be published in the Federal 
Register. 



Sec. 1207 70 

(1) The Special Counsel shall not issue any advisory opinion con- 
cerning any law, rule, or regulation (other than an advisory opinion 
concerning chapter 15 or subchapter III of chapter 73 of this title). 

(m) The Special Counsel shall submit an annual report to the Con- 
gress on the activities of the Special Counsel, including the number, 
types, and disposition of allegations of prohibited personnel practices 
filed with it, investigations conducted by it, and actions initiated by 
it before the Board, as well as a description of the recommendations 
and reports made by it to other agencies pursuant to this section, and 
the actions taken by the agencies as a result of the reports or recom- 
mendations. The report required by this subsection shall include what- 
ever recommendations for legislation or other action by Congress the 
Special Counsel may deem appropriate. (Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1125.) 

§ 1207. Hearings and decisions on complaints filed by the Special 
Counsel 

(a) Any employee against whom a complaint has been presented 
to the Merit Systems Protection Board under section 1206(g) of this 
title is entitled to — 

(1) a reasonable time to answer orally and in writing and to 
furnish affidavits and other documentary evidence in support of 
the answer; 

(2) be represented by an attorney or other representative; 

(3) a hearing before the Board or an administrative law judge 
appointed under section 3105 of this title and designated by the 
Board ; 

(4) have a transcript kept of any hearing under paragraph (3) 
of this subsection ; and 

(5) a written decision and reasons therefor at the earliest prac- 
ticable date, including a copy of any final order imposing discipli- 
nary action. 

(b) A final order of the Board may impose disciplinary action con- 
sisting of removal, reduction in grade, debarment from Federal 
employment for a period not to exceed 5 years, suspension, reprimand, 
or an assessment of a civil penalty not to exceed $1,000. 

(c) There may be no administrative appeal from an order of the 
Board. An employee subject to a final order imposing disciplinary 
action under this section may obtain judicial review of the order in 
the United States court of appeals for the judicial circuit in which the 
employee resides or is employed at the time of the action. 

(d) In the case of any State or local officer or employee under chap- 
ter 15 of this title, the Board shall consider the case in accordance with 
the provisions of such chapter. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 
1130.) 

§ 1208. Stays of certain personnel actions 

(a) (1) The Special Counsel may request any member of the Merit 
Systems Protection Board to order a stay of any personnel action foi 
15 calendar days if the Special Counsel determines that there are rea- 
sonable grounds to believe that the personnel action was taken, or is tc| 
be taken, as a result of a prohibited personnel practice. 



71 Sec. 1209 

(2) Any member of the Board requested by the Special Counsel to 
order a stay under paragraph (1) of this subsection shall order such 
stay unless the member determines that, under the facts and circum- 
stances involved, such a stay would not be appropriate. 

(3) Unless denied under paragraph (2) of this subsection, any stay 
under this subsection shall be granted within 3 calendar days (exclud- 
ing Saturdays, Sundays, and legal holidays) after the date of the 
request for the stay by the Special Counsel. 

(b) Any member of the Board may, on the request of the Special 
Counsel, extend the period of any stay ordered under subsection (a) of 
this section for a period of not more than 30 calendar days. 

(c) The Board may extend the period of any stay granted under 
subsection (a) of this section for any period which the Board considers 
appropriate, but only if the Board concurs in the determination of the 
Special Counsel under such subsection, after an opportunity is pro- 
vided for oral or written comment by the Special Counsel and the 
agency involved. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1130.) 

§1209. Information 

(a) Notwithstanding any other provision of law or any rule, regu- 
lation or policy directive, any member of the Board, or any employee 
of the Board designated by the Board, may transmit to the Congress on 
the request of any committee or subcommittee thereof, by report, testi- 
mony, or otherwise, information and views on functions, responsibili- 
ties, or other matters relating to the Board, without review, clearance, 
or approval by any other administrative authority. 

(b) The Board shall submit an annual report to the President and 
the Congress on its activities, which shall include a description of sig- 
nificant actions taken by the Board to carry out its functions under this 
title. The report shall also review the significant actions of the Office 
of Personnel Management, including an analysis of whether the 
actions of the Office of Personnel Management are in accord with merit 
system principles and free from prohibited personnel practices. 
(Pub. L. 95-454, § 202(a), Oct. 13, 1978, 92 Stat. 1131.) 



Sec. 1301 72 



CHAPTER 13— SPECIAL AUTHORITY 

Sec. 

1301. Rules. 

1302. Regulations. 

1303. Investigations ; reports. 

1304. Loyalty investigations ; reports ; revolving fund. 

1305. Administrative law judges. 

1306. Oaths to witnesses. 

1307. Minutes. 

1308. Annual reports. 

§ 1301. Rules 

The Office of Personnel Management shall aid the President, as he 
may request, in preparing the rules he prescribes under this title for the 
administration of the competitive service. (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat. 401 ; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat, 
1224.) 

§1302. Regulations 

(a) The Office of Personnel Management, subject to the rules pre- 
scribed by the President under this title for the administration of the 
competitive service, shall prescribe regulations for, control, supervise, 
and preserve the records of, examinations for the competitive service. 

(b) The Office shall prescribe and enforce regulations for the admin- 
istration of the provisions of this title, and Executive orders issued in 
furtherance thereof, that implement the Congressional policy that 
preference shall be given to preference eligibles in certification for 
appointment, and in appointment, reinstatement, reemployment, and 
retention, in the competitive service in Executive agencies, permanent 
or temporary, and in the government of the District of Columbia. 

(c) The Office shall prescribe regulations for the administration of 
the provisions of this title that implement the Congressional policy 
that preference shall be given to preference eligibles in certification 
for appointment, and in appointment, reinstatement, reemployment, 
and retention, in the excepted service in Executive agencies, permanent 
or temporary, and in the government of the District of Columbia. 

(d) The Office may prescribe reasonable procedure and regulations 
for the administration of its functions under chapter 15 of this title. 
(Pul). I,. 89 554, Sept. 6, L966, HO Stat. 401 ; amended Pub. L. 95-454. 
Oct. 13, L978, 92 Stat. 1224.) 

§1303. Investigations; reports 

The Office of Personnel Management, Merit Systems Protection 
Board, and Special Counsel may investigate and report on matters 
concerning — 

(1) the enforcement and effect of the rules prescribed by the 
President under this title for the administration of the competi 



73 Sec. 1304 

tive service and the regulations prescribed by the Office of Person- 
nel Management under section 1302(a) of this title ; and 

(2) the action of an examiner, a board of examiners, and other 
employees concerning the execution of the provisions of this title 
that relate to the administration of the competitive service. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; amended Pub. L. 95-454, 

Oct. 13, 1978, 92 Stat. 1224.) 

§1304. Loyalty investigations; reports; revolving fund 

(a) The Office of Personnel Management shall conduct the investi- 
gations and issue the reports required by the following statutes — 

(1) sections 272b, 281b(e), 209a, and 1434 of title 22; 

(2) section 1874(c) of title 42; and 

(3) section 1203(e) of title 6, District of Columbia Code. 

(b) When an investigation under subsection (a) of this section 
develops data indicating that the loyalty of the individual being inves- 
tigated is questionable, the Office shall refer the matter to the Federal 
Bureau of Investigation for a full field investigation, a report of which 
shall be furnished to the Office for its information and appropriate 
action. 

(c) When the President considers it in the national interest, he 
may have the investigations of a group or class, which are required 
by subsection (a) of this section, made by the Federal Bureau of 
Investigation rather than the Office. 

(d) The investigation and report required by subsection (a) of this 
section shall be made by the Federal Bureau of Investigation rather 
than the Office for those specific positions which the Secretary of State 
certifies are of a high degree of importance or sensitivity. 

(e) ( 1 ) A revolving fund is available, to the Office without fiscal year 
limitation, for financing investigations, training and such other func- 
tions as the Office is authorized or required to perform on a reimburs- 
able basis. However, the functions which may be financed in any fiscal 
year by the fund are restricted to those functions which are covered 
by the budget estimates submitted to the Congress for that fiscal year. 
To the maximum extent feasible, each individual activity shall be 
conducted generally on an actual cost basis over a reasonable period of 
time. 

(2) The capital of the fund consists of the aggregate of — 

(A) appropriations made to provide capital for the fund, which 
appropriations are hereby authorized ; and 

(B) the sum of the fair and reasonable value of such supplies, 
equipment, and other assets as the Office from time to time trans- 
fers to the fund (including the amount of the unexpended balances 
ot appropriations or funds relating to activities the financing of 
which is transferred to the fund) less the amount of related liabili- 
ties, the amount of unpaid obligations, and the value of accrued 
annual leave of employees, which are attributable to the activities 
the financing of which is transferred to the fund. 

(3) The fund shall be credited with— 
(A) advances and reimbursements from available funds of the 

Office or other agencies, or from other sources, for those services 
and supplies provided at rates estimated by the Office as adequate 



le 



Sec. 1305 74 

to recover expenses of operation (including provision for accrued 

annual leave of employees and depreciation of equipment) ; and 

(B) receipts from sales or exchanges of property, and payments 

for loss of or damage to property, accounted for under the fund. 

(4) Any unobligated and unexpended balances in the fund which 
the Office determines to be in excess of amounts needed for activities 
financed by the fund shall be deposited in the Treasury of the United 
States as miscellaneous receipts. 

(5) The Office shall prepare -a business-type budget providing full 
disclosure of the results of operations for each of the functions per- 
formed by the Office and financed by the fund, and such budget shall be 
transmitted to the Congress and considered, in the manner prescribed 
by law for wholly owned Government corporations. 

(6) The Comptroller General of the United States shall, as a result 
of his periodic reviews of the activities financed by the fund, report and 
make such recommendations as he deems appropriate to the Com- 
mittees on Post Office and Civil Service of the Senate and House of 
Representatives at least once every three years. 

(f) An agency may use available appropriations to reimburse the 
Office or the Federal Bureau of Investigation for the cost of investiga- 
tions, training, and functions performed for them under this section, 
or to make advances toward their cost. These advances and reimburse- 
ments shall be credited directly to the applicable appropriations of 
the Office or the Federal Bureau of Investigation. 

(g) This section does not affect the responsibility of the Federal 
Bureau of Investigation to investigate espionage, sabotage, or sub- 
versive acts. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401, amended 
Pub. L. 91-189, Dec. 30, 1969, 83 Stat, 851 ; Pub. L. 91-648, § 510, 
Jan. 5, 1971, 84 Stat. 1928; amended Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1224.) 

§ 1305. Administrative law judges 

For the purpose of sections 3105, 3344, '4301 (2) (D), and 5372 of 
this title and the provisions of section 5335(a) (B) of this title that 
relate to administrative law judges, the Office of Personnel Manage- 
ment may, and for the purpose of section 7521 of this title, the Merit 
Systems Protection Board may investigate, require reports by agen- 
cies, issue reports, including an annual report to Congress, prescribe 
regulations, appoint advisory committees as necessary, recommend 
legislation, subpena witnesses and records, and pay witness fees as 
established for the courts of the United States. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 402, amended Pub. L. 90-83, §1(3), Sept. 11, 
1967, 81 Stat. 196; Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183; Pub. L. 
95-454, Oct. 13, 1978, 92 Stat. 1225.) 

§ 1306. Oaths to witnesses 

The Director of the Office of Personnel Management and authorized 
representatives of the Director may administer oaths to witnesses in 
matters pending before the Office (Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1226.) 

§ 1307. Minutes 

The Office of Personnel Management shall keep minutes of its 
proceedings. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402; amended 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 



75 Sec. 1308 

§1308. Annual reports 

(a) The Office of Personnel Management shall make an annual re- 
port to the President for transmittal to Congress. The report shall 
include — 

(1) a statement of the Office's actions in the administration of 
the competitive service, the rules and regulations and exceptions 
thereto in force, the reasons for exceptions to the rules, the prac- 
tical effects of the rules and regulations, and any recommenda- 
tions for the more effectual accomplishment of the purposes of 
the provisions of this title that relate to the administration of 
the competitive service ; 

(2) the results of the incentive awards program authorized by 
chapter 45 of this title with related recommendations; 

(3) at the end of each fiscal year, the names, addresses, and 
nature of employment of the individuals on whom the Office 
has imposed a penalty for prohibited political activity under 
section 7325 of this title with a statement of the facts on which 
action was taken, and the penalty imposed ; and 

(4) a statement, in the form determined by the Office with the 
approval of the President, on the training of employees under 
chapter 41 of this title, including — 

(A) a summary of information concerning the operation 
and results of the training programs and plans of the 
agencies : 

(B) a summary of information received by the Office 
from the agencies under section 4113(b) of this title; and 

(C) the recommendations and other matters considered 
appropriate by the President or the Office or required by 
Congress. 

(b) The Office shall annually provide an analysis to Congress of 
the administration and operation of chapter 41 of this title. 

(c) The Office shall publish an anuual report on the operation of 
subchapter III of chapter 83 of this title, including a statement con- 
cerning the status of the Civil Service Retirement and Disability 
Fund. 

(d) The Office shall report annually to Congress on the operation 
of chapter 87 of this title. 

(e) The Office shall report annually to Congress on the operation 
of chapter 89 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
402, amended Pub. L. 91-93, § 104, Oct. 20, 1969, 81 Stat. 138 ; Pub. L. 
93-156, Nov. 21, 1973, 87 Stat. 623; Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1224.) 



Sec. 1501 76 



CHAPTER 15— POLITICAL ACTIVITY OF CERTAIN 

STATE AND LOCAL EMPLOYEES 

Sec. 

1501. Definitions. 

1502. Influencing elections; taking part in political campaigns; prohibitions; 

exceptions. 

1503. Nonpartisan candidacies permitted. 

1504. Investigations ; notice of hearing. 

1505. Hearings ; adjudications ; notice of determinations. 

1506. Orders ; withholdoing loans or grants ; limitations. 

1507. Subpenas and depositions. 

1508. Judicial review. 

§ 1501. Definitions 

For the purpose of this chapter — 

(1) "State" means a State or territory or possession of the 
United States ; 

(2) "State or local agency" means the executive branch of a 
State, municipality, or other political subdivision of a State, or 
an agency or department thereof ; 

(3) "Federal agency" means an Executive agency or other 
agency of the United States, but does not include a member bank 
of the Federal Reserve System ; and 

(4) "State or local officer or employee" means an individual 
employed by a State or local agency whose principal employment 
is in connection with an activity which is financed in whole or in 
part by loans or grants made by the United States or a Federal 
agency, but does not include — 

(A) an individual who exercises no functions in connection 
with that activity ; or 

(B) an individual employed by an educational or research 
institution, establishment, agency, or system which is sup- 
ported in whole or in part by a State or political subdivision 
thereof, or by a recognized religious, philanthropic, or cul- 
tural organization. 

(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 403, amended Pub. L. 93^43, 
§ 401 (c) , Oct. 15, 1974, 88 Stat. 1290.) 

§1502. Influencing elections; taking part in political campaigns; 
prohibitions; exceptions 

(a) A State or local officer or employee may not — 

(1) use his official authority or influence for the purpose of 
interfering with or affecting the result of an election or a nomina- 
tion for office : 

(2) directly or indirectly coerce, attempt to coerce, command, 
or advise a State or local officer or employee to pay, lend, or con- 
tribute any tiling of value to a party, committee, organization, 
agency, or person for political purposes; or 

(3) be a candidate for elective office. 



77 Sec. 1503 

(b) A State or local officer or employee retains the right to vote as 
he chooses and to express his opinions on political subjects and candi- 
dates. 

(c) Subsection (a) (3) of this section does not apply to — 

(1) the Governor or Lieutenant Governor of a State or an 
individual authorized by law to act as Governor ; 

(2) the mayor of a city ; 

(3) a duly elected head of an executive department of a State 
or municipality who is not classified under a State or municipal 
merit or civil service system ; or 

(4) an individual holding elective office. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 404, amended Pub. L. 93-443, 
§ 401 (a) , Oct. 15, 1974, 88 Stat. 1290.) 

§1503. Nonpartisan candidacies permitted 

Section 1502(a) (3) of this title does not prohibit any State or local 
officer or employee from being a candidate in any election if none 
of the candidates is to be nominated or elected at such election as 
representing a party any of whose candidates for Presidential elector 
received votes in the last preceding election at which Presidential 
electors were selected. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 404, 
amended Pub. L. 93-443, § 401(b), Oct. 15, 1974, 88 Stat. 1290.) 

§1504. Investigations; notice of hearing 

When a Federal agency charged with the duty of making a loan or 
grant of funds of the United States for use in an activity by a State or 
]ocal officer or employee has reason to believe that the officer or em- 
ployee has violated section 1502 of this title, it shall report the matter 
to the Special Counsel. On receipt of the report or on receipt of other 
information which seems to the Special Counsel to warrant an investi- 
gation, the Special Counsel shall investigate the report and such other 
information and present his findings and any charges based on such 
findings to the Merit Systems Protection Board, which shall — 

(1) fix a time and place for a hearing; and 

(2) send, by registered or certified mail, to the officer or em- 
ployee charged with the violation and to the State or local agency 
employing him a notice setting forth a summary of the alleged 
violation and giving the time and place of the hearing. 

The hearing mav not be held earlier than 10 days after the mailing 
of the notice. (Pub. L. 89-554, Sept. 6, 1966, 80'Stat. 405; amended 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1225.) 

§1505. Hearings; adjudications; notice of determinations 

Either the State or local officer or employee or the State or local 
agency employing him, or both, are entitled to appear with counsel at 
the hearing under section 1504 of this title, and be heard. After this 
hearing, the Merit Systems Protection Board shall — 

(1) determine whether a violation of section 1502 of this title 
has occurred ; 

(2) determine whether the violation warrants the removal of 
the officer or employee from his office or employment ; and 

(3) notify the officer or employee and the agency of the deter- 
mination by registered or certified mail. 



35-550 O - 79 - 7 



Sec. 1506 78 

(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 405; amended Pub. L. 95-^54, 
Oct. 13, 1978, 92 Stat. 1225.) 

§1506. Orders; withholding loans or grants; limitations 

(a) When the Merit Systems Protection Board finds — 

(1) that a State or local officer or employee has not been re- 
moved from his office or employment within 30 days after notice 
of a determination by the Board that he has violated section 
1502 of this title and that the violation warrants removal ; or 

(2) that the State or local officer or employee has been removed 
and has been appointed within 18 months after his removal to an 
office or employment in the same State in a State or local agency 
which does not receive loans or grants from a Federal agency ; 

the Board shall make and certify to the appropriate Federal agency 
an order requiring that agency to withhold from its loans or grants to 
the State or local agency to which notice was given an amount equal to 
2 years' pay at the rate the officer or employee was receiving at the 
time of the violation. When the State or local agency to which ap- 
pointment within 18 months after removal has been made is one that 
receives loans or grants from a Federal agency, the Board order shall 
direct that the withholding be made from that State or local agency. 

(b) Notice of the order shall be sent by registered or certified mail to 
the State or local agency from which the amount is ordered to be with- 
held. After the order becomes final, the Federal agency to which the 
order is certified shall withhold the amount in accordance with the 
terms of the order. Except as provided by section 1508 of this title, a 
determination or order of the Board becomes final at the end of 30 days 
after mailing the notice of the determination or order. 

(c) The Board may not require an amount to be withheld from a 
loan or grant pledged by a State or local agency as security for its 
bonds or notes if the withholding of that amount would jeopardize 
the payment of the principal or interest on the bonds or notes. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 405 ; amended Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1225.) 

§1507. Subpenas and depositions 

(a) The Merit Systems Protection Board may require by subpena 
the attendance and testimony of witnesses and the production of docu- 
mentary evidence relating to any matter before it as a result of this 
chapter. Any member of the Board may sign subpenas, and members 
of the Board and its examiners when authorized by the Board may ad- 
minister oaths, examine witnesses, and receive evidence. The attendance 
of witnesses and the production of documentary evidence may be re- 
quired from any place in the United States at the designated place of 
hearing. In case of disobedience to a subpena the Board may invoke the 
aid of a court of the United States in requiring the attendance and 
testimony of witnesses and t he production of documentary evidence. In 
case of contumacy or refusal to obey a subpena issued to a person, the 
United States District Court within whose jurisdiction the inquiry isi 
carried on may issue an order requiring him to appear before the Board, 
or to produce the documentary evidence if so ordered, or to give evi-ii 
dence concerning the matter in question; and any failure to obey the 
order of the court may be punished by the court as a contempt thereof. ; 



79 Sec. 1508 

(b) The Board may order testimony to be taken by deposition at 
any stage of a proceeding or investigation before it as a result of this 
chapter. Depositions may be taken before an individual designated by 
the Board and having the power to administer oaths. Testimony shall 
be reduced to writing by the individual taking the deposition, or under 
his direction, and shall be subscribed by the deponent. Any person 
may be compelled to appear and depose and to produce 
documentary evidence before the Board as provided by this section. 

(c) A person may not be excused from attending and testifying or 
from producing documentary evidence or in obedience to a subpena on 
the ground that the testimony or evidence, documentary or otherwise 
required of him may tend to incriminate him or subject him to a pen- 
alty or forfeiture for or on account of any transaction, matter, or 
thing concerning which he is compelled to testify, or produce evidence, 
documentary or otherwise, before the Board in obedience to a subpena 
issued by it. A person so testifying is not exempt from prosecution 
and punishment for perjury committed in so testifying. (Pub. L. 89- 
554, Sept. 6. 1966, 80 Stat. 406; amended Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1225.) 

§1508. Judicial review 

A party aggrieved by a determination or order of the Merit Systems 
Protection Board under section 1504, 1505, or 1506 of this title may, 
within 30 days after the mailing of notice of the determination or 
order, institute proceedings for review thereof by riling a petition in 
the United States District Court for the district in which the State or 
local officer or employee resides. The institution of the proceedings 
does not operate as a stay of the determination or order unless — 

( 1 ) the court specifically orders a stay ; and 

(2) the officer or employee is suspended from his office or em- 
ployment while the proceedings are pending. 

A copy of the petition shall immediately be served on the Board, and 
thereupon the Board shall certify and file in the court a transcript of 
the record on which the determination or order was made. The court 
shall review the entire record including questions of fact and ques- 
tions of law. If application is made to the court for leave to adduce 
additional evidence, and it is shown to the satisfaction of the court 
that the additional evidence may materially affect the result of the 
proceedings and that there were reasonable grounds for failure to ad- 
duce this evidence in the hearing before the Board, the court may 
direct that the additional evidence be taken before the Board in the 
manner and on the terms and conditions fixed by the court. The Board 
may modify its findings of fact or its determination or order in view 
of the additional evidence and shall file with the court the modified 
findings, determination, or order ; and the modified findings of fact, if 
supported by substantial evidence, are conclusion. The court shall 
affirm the determination or order, or the modified determination or 
order, if the court determines that it is in accordance with law. If the 
court determines that the determination or order, or the modified de- 
termination or order, is not in accordance with law, the court shall re- 
mand the proceeding to the Board with directions either to make a 
determination or order determined by the court to be lawful or to take 



Sec. 1508 80 

such further proceedings as, in the opinion of the court, the law re- 
quires. The judgment and decree of the court are final, subject to 
review by the appropriate United States Court of Appeals as in 
other cases, and the judgment and decree of the court of appeals are 
final, subject to review by the Supreme Court of the United States on 
certiorari or certification as provided by section 1254 of title 28. If 
a provision of this section is held to be invalid as applied to a party 
by a determination or order of the Board, the determination or order 
becomes final and effective as to that party as if the provision had not 
been enacted. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 406; amended 
Pub. L. 95-454,Oct. 13, 1978, 92 Stat. 1225.) 



PART III— EMPLOYEES 

Subpart A — General Provisions 

Chapter Sec. 

21— Definitions 2101 

23— Merit System Principles 2301 

29 — Commissions, Oaths, Records, and Reports 2901 

Subpart B — Employment and Retention 

31 — Authority for Employment 3101 

33 — Examination, Selection, and Placement 3301 

34 — Part-Time Career Employment Opportunities 3401 

35 — Retention Preference, Restoration, and Reemployment. 3501 

Subpart C — Employee Performance 

41— Training 4101 

43 — Performance Appraisal 4301 

45 — Incentive Awards 4501 

47 — Personnel Research Programs and Demonstration 

Projects 4701 

Subpart D — Pay and Allowances 

51 — Classification 5101 

53— Pay Rates and Systems 5301 

54 — Merit Pay and Cash Awards 5401 

55 — Pay Administration 5501 

57 — Travel, Transportation, and Subsistence 5701 

59 — Allowances 5901 

Subpart E — Attendance and Leave 

61— Hours of Work 6101 

63— Leave 6301 

Subpart F — Labor-Management and Employee Relations 

71— Labor-Management Relations 7101 

72 — Antidiscrimination; Right To Petition Congress 7201 

73— Suitability, Security, and Conduct 7301 

75 — Adverse Actions 7501 

77— Appeals 7701 

79— Services to Employees 7901 

Subpart G — Insurance and Annuities 

81 — Compensation for Work Injuries 8101 

83— Retirement 8301 

85 — Unemployment Compensation 8501 

87— Life Insurance 8701 

89— Health Insurance 8901 

(81) 



Sec. 2101 82 



Subpart A — General Provisions 

CHAPTER 21— DEFINITIONS 

Sec. 

2101. Civil service ; armed forces ; uniformed services. 
2101a. The Senior Executive Service. 

2102. The competitive service. 

2103. The excepted service. 

2104. Officer. 

2105. Employee. 

2106. Member of Congress. 

2107. Congressional employee. 

2108. Veteran : disabled veteran ; preference eligible. 

2109. Air traffic controller. 

§2101. Civil service; armed forces; uniformed services 

For the purpose of this title — 

(1) the "civil service" consists of all appointive positions in 
the executive, judicial, and legislative branches of the Govern- 
ment of the United States, except positions in the uniformed 
services ; 

(2) "armed forces" means the Army, Navy, Air Force, Marine 
Corps, and Coast Guard ; and 

(3) "uniformed services" means the armed forces, the commis- 
sioned corps of the Public Health Service, and the commissioned 
corps of the Environmental Science Services Administration. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408, amended Pub. L. 90-83, 
§ 1(4), Sept. 11, 1967, 81 Stat. 196.) 

§ 2101a. The Senior Executive Service 

The "Senior Executive Service" consists of Senior Executive Serv- 
ice positions (as defined in section 3132(a)(2) of this title). (Pub. 
L. 95-454, Oct. 13, 1978, 92 Stat. 1154.) 

§2102. The competitive service 

(a) The "competitive service" consists of — 

(1) all civil service positions in the executive branch, except — 

(A) positions which are specifically excepted from the com- 
petitive service by or under statute ; 

(B) positions to which appointments are made by nomina- 
tion for confirmation by the Senate, unless the Senate other- 
wise directs; and 

(C) positions in the Senior Executive Service; 

(2) civil service positions not in the executive branch which are 
specifically included in the competitive service by statute; and 

(3) positions in the government of the District of Columbia 
which are specifically included in the competitive service by 
statute. 



83 Sec. 2103 

(b) Notwithstanding subsection (a)(1)(B) of this section, the 
"competitive service" includes positions to which appointments are 
made by nomination for confirmation by the Senate when specifically 
included therein by statute. 

(c) As used in other Acts of Congress, "classified civil service" or 
"classified service" means the "competitive service". (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat, 408; amended Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1154.) 

§2103. The excepted service 

(a) For the purpose of this title, the "excepted service" consists of 
those civil service positions which are not in the competitive service 
or the Senior Executive Service. 

(b) As used in other Acts of Congress, "unclassified civil service" 
or "unclassified service" means the "excepted service". (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 408 ; amended Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1154.) 

§2104. Officer 

(a) For the purpose of this title, "officer", except as otherwise pro- 
vided by this section or when specifically modified, means a justice or 
judge of the United States and an individual who is — 

(1) required by law to be appointed in the civil service by one 
of the following acting in an official capacity — 

(A) the President; 

(B) a court of the United States ; 

(C) the head of an Executive agency ; or 

(D) the Secretary of a military department; 

(2) engaged in the performance of a Federal function under 
authority of law or an Executive act; and 

(3) subject to the supervision of an authority named by para- 
graph (1) of this section, or the Judicial Conference of the 
United States, while engaged in the performance of the duties 
of his office. 

(b) Except as otherwise provided by law, an officer of the United 
States Postal Service or of the Postal Rate Commission is deemed not 
an officer for purposes of this title. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 408, amended Pub. L. 91-375, § 6(c) (3), Aug. 12, 1970, 84 
Stat. 775.) 

§2105. Employee 

(a) For the purpose of this title, "employee", except as otherwise 
provided by this section or when specifically modified, means an offi- 
cer and and individual who is — 

( 1 ) appointed in the civil service by one of the following acting 
in an official capacity — 

(A) the President; 

(B) a Member or Members of Congress, or the Congress; 

(C) a member of a uniformed service; 

(D) an individual who is an employee under this section; 

(E) the head of a Government controlled corporation; or 

(F) the adjutants general designated by the Secretary con- 
cerned under section 709(c) of title 32, United States Code; 



Sec. 2106 84 

(2) engaged in the performance of a Federal function under 
authority of law or an Executive act ; and 

(3) subject to the supervision of an individual named by para- 
graph (1) of this subsection while engaged in the performance 
of the duties of his position. 

(b) An individual employed at the United States Naval Academy 
in the midshipmen's laundry, the midshipmen's tailor shop, the mid- 
shipmen's cobbler and barber shops, and the midshipmen's store, ex- 
cept an individual employed by the Academy dairy, is deemed an 
employee. 

(c) An employee paid from nonappropriated funds of the Army 
and Air Force Exchange Service, Army and Air Force Motion Pic- 
ture Service, Navy Ship's Stores Ashore, Navy exchanges, Marine 
Corps exchanges, Coast Guard exchanges, and other instrumentalities 
of the United States under the jurisdiction of the armed forces con- 
ducted for the comfort, pleasure, contentment, and mental and physi- 
cal improvement of personnel of the armed forces is deemed not an 
employee for the purpose of — 

(1) laws (other than subchapter IV of chapter 53 and sections 
5550 and 7204 of this title) administered by the Office of Per- 
sonnel Management ; or 

(2) subchapter I of chapter 81 and section 7902 of this title. 
This subsection does not affect the status of these nonappropriated 
fund activities as Federal instrumentalities. 

(d) A Reserve of the armed forces who is not on active duty or 
who is on active duty for training is deemed not an employee or an 
individual holding an office of trust or profit or discharging an official 
function under or in connection with the United States because of his 
appointment, oath, or status, or any duties or functions performed or 
pay or allowances received in that capacity. 

(e) Except as otherwise provided by law, an employee of the United 
States Postal Service or of the Postal Rate Commission is deemed not 
an employee for purposes of this title. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 409, amended Pub. L. 90-486, § 4, Aug. 13, 1968, 82 Stat, 757; 
Pub. L. 91-375, § 6(c)(4), Aug. 12, 1970, 84 Stat. 775 ; Pub. L. 92-392, 
§ 2, Aug. 19, 1972, 86 Stat. 573; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 
1217 and 1224.) 

§ 2106. Member of Congress 

For the purpose of this title, "Member of Congress" means the Vice 
President, a member of the Senate or the House of Representatives, a 
Delegate from the District of Columbia, and the Resident Commis- 
sioner from Puerto Rico (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409, 
amended Pub. L. 91-405, § 204(b), Sept. 22, 1970, 84 Stat. 852.) 

§ 2107. Congressional employee 

For the purpose of this title, "Congressional employee" means — 

(1) an employee of either House of Congress, of a committee 
of either House, or of a joint committee of the two Houses; 

(2) an elected officer of either House who is not a Member of 
Congress ; 

(3) the Legislative Counsel of either House and an employee 
of his office ; 

(4) a member of the Capitol Police ; 



*5 Sec. 2108 



(5) an employee of a Member of Congress if the pay of the 
employee is paid by the Secretary of the Senate or the Clerk of 
the House of Representatives ; 

(6) Repealed. Pub. L. 90-83, §1(5) (A), Sept. 11, 1967, 81 
Stat. 196 ; 

(7) the Architect of the Capitol and an employee of the Archi- 
tect of the Capitol ; 

( 8 ) an employee of the Botanic Garden ; and 

( 9 ) an employee of the Capitol Guide Service. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409, amended Pub. L. 90-83, 
§1(5), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91-510, § 442(a), Oct. 26, 
1970, 84 Stat. 1191.) 

§2108. Veteran; disabled veteran; preference eligible 

For the purpose of this title — 

(1) "veteran" 'means an individual who — 

(A) served on active duty in the armed forces during a 
war, in a campaign or expedition for which a campaign 
badge has been authorized, or during the period beginning 
April 28, 1952, and ending July 1, 1955 ; or 

(B) served on active duty as defined by section 101(21) 
of title 38 at any time in the armed forces for a period of 
more than 180 consecutive days any part of which occurred 
after January 31, 1955, and before the date of the enactment 
of the Veterans' Education and Employment Assistance Act 
of 1976, not including service under section 511(d) of title 10 
pursuant to an enlistment in the Army National Guard or 
the Air National Guard or as a Reserve for service in the 
Army Reserve, Naval Reserve, Air Force Reserve, Marine 
Corps Reserve, or Coast Guard Reserve ; 

and who has been separated from the armed forces under honor- 
able conditions ; 

(2) "disabled veteran" means an individual who has served on 
active duty in the armed forces, has been separated therefrom 
under honorable conditions, and has established the present exist- 
ence of a service-connected disability or is receiving compensation, 
disability retirement benefits, or pension because of a public stat- 
ute administered by the Veterans' Administration or a military 
department ; [and] 1 

(3) "preference eligible" means, except as provided in para- 
graph (4) of this section — 1 

(A) a veteran as defined by paragraph (1) (A) of this 
section ; 

(B) a veteran as defined by paragraph (1) (B) of this 
section ; 

(C) a disabled veteran ; 

(D) the unmarried widow or widower of a veteran as de- 
fined by paragraph (1) (A) of this section ; 

(E) the wife or husband of a service-connected disabled 
veteran if the veteran has been unable to qualify for any 
appointment in the civil service or in the government of the 
District of Columbia ; 

See footnote p. 86. 



Sec. 2109 86 

(F) the mother of an individual who lost his life under 
honorable conditions while serving in the armed forces dur- 
ing a period named by paragraph (1) (A) of this section, if — 

(i) her husband is totally and permanently disabled; 

(ii) she is widowed, divorced, or separated from the 
father and has not remarried ; or 

(iii) she has remarried but is widowed, divorced, or 
legally separated from her husband when preference is 
claimed; and 

(G) the mother of a service-connected permanently and 
totally disabled veteran, if — 

(i) her husband is totally and permanently disabled; 
(ii) she is widowed, divorced, or separated from the 
father and has not remarried ; or 

(iii) she has remarried but is widowed, divorced, or 

legally separated from her husband when preference is 

claimed^.] 1 

(It) except for the purposes of chapters 43 and 75 of this title, 

u preference eligible" does not include a retired member of the 

armed forces unless — 

{A ) tlie individual is a disabled veteran; or 
(B) the individual retired below the rank of major or its 
equivalent ; and 
(5) "retired member of the armed forces" means a member or 
former member of the armed forces who is entitled, under statute, 
to retired, retirement, or retainer pay on accownt of service as a 
member, but does not include applicants for, or members of, the 
Senior Executive Service. 1 

(Pub L. 89-554, Sept. 6, 1966, 80 Stat. 410, amended Pub. L. 90-83, 
§ 1(6), Sept. 11, 1967, 81 Stat. 196; Pub. L. 90-623, § 1(2), Oct. 22, 
1968, 82 Stat. 1312; Pub. L. 92-187, §1 Dec. 15, 1971, 85 Stat. 644; 
Pub. L. 95-50, Oct. 15, 1976, 90 Stat. 2405 ; Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1147, 1154.) 

§2109. Air traffic controller 

For the purpose of this title, "air traffic controller" or "controller" 
means an employee of the Department of Transportation who is ac- 
tively engaged in the separation and control of air traffic, or who 
is the immediate supervisor of an employee actively engaged in the 
separation and control of air traffic, in an air traffic control facility. 
The Secretary of Transportation may prescribe regulations to deter- 
mine the application of this section. (Added Pub. L. 92-297, § 1(a). 
May 16, 1972, 86 Stat. 141.) 

1 The effective date of the changes to this section which appear in black brackets 
and italics is Oct. 1, 1980. 



87 Sec. 2301 



:- 






CHAPTER 23— MERIT SYSTEM PRINCIPLES 

Sec. 

2301. Merit system principles. 

2302. Prohibited personnel practices. 

2303. Prohibited personnel practices in the Federal Bureau of Investigation. 

2304. Responsibility of the General Accounting Office. 

2305. Coordination with certain other provisions of law. 

§2301. Merit system principles 

(a) This section shall apply to — 

( 1 ) an Executive agency ; 

(2) the Administrative Office of the United States Courts; and 

(3) the Government Printing Office. 

(b) Federal personnel management should be implemented con- 
sistent with the following merit system principles : 

(1) Recruitment should be from qualified individuals from 
appropriate sources in an endeavor to achieve a work force from 
all segments of society, and selection and advancement should 
be determined solely on the basis of relative ability, knowledge, 
and skills, after fair and open competition which assures that all 
receive equal opportunity. 

(2) All employees and applicants for employment should 
receive fair and equitable treatment in all aspects of personnel 
management without regard to political affiliation, race, color, 
religion, national origin, sex, marital status, age, or handicapping 
condition, and with proper regard for their privacy and con- 
stitutional rights. 

(3) Equal pay should be provided for work of equal value, 
with appropriate consideration of both national and local rates 
paid by employers in the private sectors, and appropriate incen- 
tives and recognition should be provided for excellence in 
performance. 

(4) All employees should maintain high standards of integrity, 
conduct, and concern for the public interest. 

(5) The Federal work force should be used efficiently and 
effectively. 

(6) Employees should be retained on the basis of the adequacy 
of their performance, inadequate performance should be cor- 
rected, and employees should be separated who cannot or will 
not improve their performance to meet required standards. 

(7) Employees should be provided effective education and 
training in cases in which such education and training would 
result in better organizational and individual performance. 



Sec. 2302 88 

(8) Employees should be — 

(A) protected against arbitrary action, personal favor- 
itism, or coercion for partisan political purposes, and B 

(B) prohibited from using their official authority or influ- 
ence for the purpose of interfering with or affecting the result 
of an election or a nomination for election. 

(9) Employees should be protected against reprisal for the 
lawful disclosure of information which the employees reasonably 
believe evidences — 

(A) a violation of any law, rule, or regulation, or 

(B) mismanagement, a gross waste of funds, an abuse 
of authority, or a substantial and specific danger to public 
health or safety. 

(c) In administering the provisions of this chapter — 

(1) with respect to any agency (as defined in section 2302(a) 
(2) (C) of this title), the President shall, pursuant to the author- 
ity otherwise available under this title, take any action, including 
the issuance of rules, regulations, or directives; and 

(2) with respect to any entity in the executive branch which 
is not such an agency or part of such an agency, the head of such 
entity shall, pursuant to authority otherwise available, take any 
action, including the issuance of rules, regulations, or directives ; 

which is consistent with the provisions of this title and which the 
President or the head, as the case may be, determines is necessary to en- 
sure that personnel management is based on and embodies the merit 
system principles. (Pub.L. 95^54, Oct. 13, 1978, 92 Stat. 1113.) 

§2302. Prohibited personnel practices 

(a) (1) For the purpose of this title, "prohibited personnel practice" 
means any action described in subsection (b) of this section. 
(2) For the purpose of this section — 
(A) "personnel action" means — 
(i) an appointment ; 
(ii) a promotion; 

(iii) an action under chapter 75 of this title or other disci- 
plinary or corrective action ; 

(iv) a detail, transfer, or reassignment ; 
(v) a reinstatement; 
(vi) a restoration; 
(vii) a reemployment; 

(viii) a performance evaluation under chapter 43 of this 
title ; 

(ix) a decision concerning pay, benefits, or awards, or 
concerning education or training if the education or training 
may reasonably be expected to lead to an appointment, pro- 
motion, performance evaluation, or other action described 
in this subparagraph : and 

(x) any other significant change in duties or responsibil- 
ities which is inconsistent with the employee's salary or grade 
level ; 
with respect to an employee in, or applicant for, a covered position 
in an agency ; 



89 Sec. 2302 

(B) "covered position" means any position in the competitive 
service, a career appointee position in the Senior Executive Serv- 
ice, or a position in the excepted service, but does not include — 

(i) a position which is excepted from the competitive 
service because of its confidential, policy-determining, policy- 
making, or policy-advocating character : or 

(ii) any position excluded from the coverage of this sec- 
tion by the President based on a determination by the Presi- 
dent that it is necessary and warranted by conditions of good 
administration. 

(C) "agency" means an Executive agency, the Administrative 
Office of the United States Courts, and the Government Printing 
Office, but does not include — 

(i) a Government corporation; 

(ii) the Federal Bureau of Investigation, the Central 
Intelligence Agency, the Defense Intelligence Agency, the 
National Security Agency, and, as determined by the Presi- 
dent, any Executive agency or unit thereof the principal 
function of which is the conduct of foreign intelligence or 
counterintelligence activities; or 
(iii) the General Accounting Office, 
(b) Any employee who has authority to take, direct others to take, 
recommend, or approve any personnel action, shall not, with respect to 
such authority — 

(1) discriminate for or against any employee or applicant for 
employment — 

(A) on the basis of race, color, religion, sex, or national 
origin, as prohibited under section 717 of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e-16) ; 

(B) on the basis of age, as prohibited under sections 12 
and 15 of the Age Discrimination in Emplovment Act of 
1967 (29 U.S.C. 631, 633a) ; 

(C) on the basis of sex, as prohibited under section 6(d) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d) ) ; 

(D) on the basis of handicapping condition, as prohibited 
under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791) ; or 

(E) on the basis of marital status or political affiliation, 
as prohibited under any law, rule, or regulation ; 

(2) solicit or consider any recommendation or statement, oral 
or written, with respect to any individual who requests or is under 
consideration for any personnel action unless such recommenda- 
tion or statement is based on the personal knowledge or records 
of the person furnishing it and consists of — 

(A) an evaluation of the work performance, ability, 
aptitude, or general qualifications of such individual; or 

(B) an evaluation of the character, loyalty, or suitability 
of such individual ; 

(3) coerce the political activity of any person (including the 
providing of any political contribution or service), or take any 
action against any employee or applicant for employment as a 
reprisal for the refusal of any person to engage in such political 
activity ; 



Sec. 2302 90 

(4) deceive or willfully obstruct any person with respect to 
such person's right to compete for employment ; 

(5) influence any person to withdraw from competition for 
any position for the purpose of improving or injuring the pros- 
pects of any other person for employment ; 

(6) grant any preference or advantage not authorized by law, 
rule, or regulation to any employee or applicant for employment 
(including defining the scope or manner of competition or the 
requirements for any position) for the purpose of improving or 
injuring the prospects of any particular person for employment; 

(7) appoint, employ, promote, advance, or advocate for 
appointment, employment, promotion, or advancement, in or to a 
civilian position any individual who is a relative (as defined in 
section 3110(a) (3) of this title) of such employee if such position 
is in the agency in which such employee is serving as a public 
official (as defined in section 3110(a)(2) of this title) or over 
which such employee exercises jurisdiction or control as such an 
official ; 

(8) take or fail to take a personnel action with respect to any 
employee or applicant for employment as a reprisal for — 

(A) a disclosure of information by an employee or appli- 
cant which the employee or applicant reasonably believes 
evidences — 

(i) a violation of any law, rule, or regulation, or 
(ii) mismanagement, a gross waste of funds, an abuse 
of authority, or a substantial and specific danger to pub- 
lic health or safety, 
if such disclosure is not specifically prohibited by law and if 
such information is not specifically required by Executive 
order to be kept secret in the interest of national defense or 
the conduct of foreign affairs ; or 

(B) a disclosure to the Special Counsel of the Merit Sys- 
tems Protection Board, or to the Inspector General of an 
agency or another employee designated by the head of the 
agency to receive such disclosures, or information which the 
employee or applicant reasonably believes evidences — 

(i) a violation of any law, rule, or regulation, or 
(ii) mismanagement, a gross waste of funds, an abuse 
of authority, or a substantial and specific danger to pub- 
lic health or safety ; 

(9) take or fail to take any personnel action against any 
employee or applicant for employment as a reprisal for the exer- 
cise of any appeal right granted by any law, rule, or regulation ; 

(10) discriminate for or against any employee or applicant for 
employment on the basis of conduct which does not adversely 
affect the performance of the employee or applicant or the per- 
formance of others; except that nothing in this paragraph shall 
prohibit an agency from taking into account in determining suit- 
ability or fitness any conviction of the employee or applicant for 
any crime under the laws of any State, of the District of Colum- 
bia, or the United States ; or 



91 Sec. 2303 

(11) take or fail to take any other personnel action if the tak- 
ing of or failure to take such action violates any law, rule, or regu- 
lation implementing, or directly concerning, the merit system 
principles contained in section 2301 of this title. 
This subsection shall not be construed to authorize the withholding of 
information from the Congress or the taking of any personnel action 
against an employee who discloses information to the Congress. 

(c) The head of each agency shall be responsible for the preven- 
tion of prohibited personnel practices, for the compliance with and 
enforcement of applicable civil service laws, rules, and regulations, 
and other aspects of personnel management. Any individual to whom 
the head of an agency delegates authority for personnel management, 
or for any aspect thereof, shall be similarly responsible within the 
limits of the delegation. 

(d) This section shall not be construed to extinguish or lessen any 
effort to achieve equal employment opportunity through affirmative 
action or any right or remedy available to any employee or applicant 
for employment in the civil service under — 

(1) section 717 of the Civil Eights Act of 1964 (42 U.S.C. 
2000e-16), prohibiting discrimination on the basis of race, color, 
religion, sex, or national origin; 

(2) sections 12 and 15 of the Age Discrimination in Employ- 
ment Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimina- 
tion on the basis of age ; 

(3) under section 6(d) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(d) ), prohibiting discrimination on the basis 
of sex; 

(4) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791), prohibiting discrimination on the basis of handicapping 
condition ; or 

(5) the provisions of any law, rule, or regulation prohibiting 
discrimination on the basis of marital status or political 
affiliation. 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1114.) 

2303. Prohibited personnel practices in the Federal Bureau of 
Investigation 

(a) Any employee of the Federal Bureau of Investigation who has 
authority to take, direct others to take, recommend, or approve any 
personnel action, shall not, with respect to such authority, take or fail 
to take a personnel action with respect to any employee of the Bureau 
as a reprisal for a disclosure of information by the employee to the 
Attorney General (or an employee designated by the Attorney Gen- 
eral for such purpose) which the employee or applicant reasonably 
believes evidences — 

(1) a violation of any law, rule, or regulation, or 

(2) mismanagement, a gross waste of funds, an abuse of au- 
thority, or a substantial and specific danger to public health or 
safety. 

For the purpose of this subsection, "personnel action" means any action 
described in clauses (i) through (x) of section 2302(a) (2) (A) of this 
title with respect to an employee in, or applicant for, a position in the 



Sec. 2304 92 

Bureau (other than a position of a confidential, policy-determining, 
policymaking, or policy-advocating character). 

(b) The Attorney General shall prescribe regulations to ensure that 
such a personnel action shall not be taken against an employee of the 
Bureau as a reprisal for any disclosure of information described in 
subsection (a) of this section. 

(c) The President shall provide for the enforcement of this section 
in a manner consistent with the provisions of section 1206 of this title. 

(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1117.) 

§2304. Responsibility of the General Accounting Office 

(a) If requested by either House of the Congress (or any commit- 
tee thereof), or if considered necessary by the Comptroller General, 
the General Accounting Office shall conduct audits and reviews to 
assure compliance with the laws, rules, and regulations governing 
employment in the executive branch and in the competitive service 
and to assess the effectiveness and soundness of Federal personnel 
management. 

(b) the General Accounting Office shall prepare and submit an 
annual report to the President and the Congress on the activities of 
the Merit Systems Protection Board and the Office of Personnel 
Management. The report shall include a description of — 

( 1 ) significant actions taken by the Board to carry out its func- 
tions under this title ; and 

(2) significant actions of the Office of Personnel Management, 
including an analysis of whether or not the actions of the Office 
are in accord with merit system principles and free from pro- 
hibited personnel practices. 

(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1118.) 

§2305. Coordination with certain other provisions of law 

No provision of this chapter, or action taken under this chapter, 
shall be construed to impair the authorities and responsibilities set 
forth in section 102 of the National Security Act of 1947 (61 Stat, 495 ; 
50 U.S.C. 403), the Central Intelligence Agency Act of 1949 (63 Stat. 
208; 50 U.S.C. 403a and following) , the Act entitled "An Act to pro- 
vide certain administrative authorities for the National Security 
Agency, and for other purposes", approved May 29, 1959 (73 Stat. 63; 
50 U.S.C. 402 note), and the Act entitled "An Act to amend the 
Internal Security Act of 1950", approved March 26, 1964 (78 Stat. 
168; 50 U.S.C. 831-835). (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 
1118.) 



CHAPTER 29— COMMISSIONS, OATHS, RECORDS, AND 

REPORTS 

SUBCHAPTER I— COMMISSIONS, OATHS, AND RECORDS 

Sec. 

2901. Commission of an officer. 

2902. Commission ; where recorded. 

; 2903. Oath ; authority to administer. 

2904. Oath ; administered without fees. 

! 2905. Oath ; renewal. 

2906. Oath ; custody. 

SUBCHAPTER II— REPORTS 

2951. Reports to the Office of Personnel Management. 

2952. Time of making annual reports. 

2953. Reports to Congress on additional employee requirements. 

2954. Information to committees of Congress on request. 

(93) 



35-550 O - 79 - 8 



Sec. 2901 94 



SUBCHAPTER I— COMMISSIONS, OATHS, AND RECORDS 

§2901. Commission of an officer 

The President may make out and deliver, after adjournment of the 
Senate, the commission of an officer whose appointment has been con- 
firmed by the Senate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411.) 

§2902. Commission; where recorded 

(a) Except as provided by subsections (b) and (c) of this section, 
the Secretary of State shall make out and record, and affix the seal of 
the United States to, the commission of an officer appointed by the 
President. The seal of the United States may not be affixed to the com- 
mission before the commission has been signed by the President. 

(b) The commission of an officer in the civil service or uniformed 
services under the control of the Secretary of Agriculture, the Secre- 
tary of Commerce, the Secretary of Defense, the Secretary of a mili- 
tary department, the Secretary of the Interior, or the Secretary of 
the Treasury shall be made out and recorded in the department in 
which he is to serve under the seal of that department. The depart- 
mental seal may not be affixed to the commission before the commis- 
sion has been signed by the President. 

(c) The commissions of judicial officers and United States attorneys 
and marshals, appointed by the President, by and with the advice and 
consent of the Senate, and other commissions which before August 8, 
1888, were prepared at the Department of State on the requisition of 
the Attorney General, shall be made out and recorded in the Depart- 
ment of Justice under the seal of that department and countersigned 
by the Attorney General. The departmental seal may not be affixed to 
the commission before the commission has been signed by the Presi- 
dent. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411, amended Pub. L. 94- 
183, § 2(3) , Dec. 31, 1975, 89 Stat. 1057.) 

§2903. Oath; authority to administer 

(a) The oath of office required by section 3331 of this title may be 
administered by an individual authorized by the laws of the United 
States or local law to administer oaths in the State, District, or terri 
tory or possession of the United States where the oath is administered 

(b) An employee of an Executive agency designated in writing bj 
the head of the Executive agency, or the Secretary of a military 
department with respect to an employee of his department, maj 
administer — 

(1) the oath of office required by section 3331 of this title, inci 
dent to entrance into the executive branch ; or 

(2) any other oath required by law in connection with employ 
ment in the executive branch. 






\ 95 Sec. 2904 

(c) An oath authorized or required under the laws of the United 
States may be administered by — 

( 1 ) the Vice President ; or 

(2) an individual authorized by local law to administer oaths 
in the State, District, or territory or possession of the United 
States where the oath is administered. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411.) 

§2904. Oath; administered without fees 

An employee of an Executive agency who is authorized to administer 
the oath of office required by section 3331 of this title, or any other oath 
required by law in connection with employment in the executive 
branch, may not charge or receive a fee or pay for administering the 
oath. (Pub.'L. 89-554, Sept. 6, 1966, 80 Stat. 412.) 

§2905. Oath; renewal 

(a) An employee of an Executive agency or an individual employed 
by the government of the District of Columbia who, on original ap- 
pointment, subscribed to the oath of office required by section 3331 of 
this title is not required to renew the oath because of a change in status 
so long as his service is continuous in the agency in which he is em- 
ployed, unless, in the opinion of the head of the Executive agency, the 
Secretary of a military department with respect to an employee of 
his department, or the Commissioners of the District of Columbia, the 
public interest so requires. 

(b) An individual who, on appointment as an employee of a House 
' of Congress, subscribed to the oath of office required by section 3331 

of this title is not required to renew the oath so long as his service as 
■ an employee of that House of Congress is continuous. (Pub. L. 89- 
554, Sept. 6, 1966, 80 Stat. 412.) 

§2906. Oath; custody 

The oath of office taken by an individual under section 3331 of this 
: title shall be delivered by him to, and preserved by, the House of 
,- Congress, agency, or court to which the office pertains. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 412.) 



fi 

its 

, :1 

■A 
- 1 



Sec. 2951 96 



SUBCHAPTER II— REPORTS 

§2951. Reports to the Office of Personnel Management 

The President may prescribe rules which shall provide, as nearly as 
conditions of good administration warrant, that — 

(1) the appointing authority notify the Office of Personnel 
Management in writing of the following actions and their dates 
as to each individual selected for appointment in the competitive 
service from among those who have been examined — 

( A ) appointment and residence of appointee ; 

( B ) separation during probation ; 

(C) transfer; 

(D) resignation; and 

(E) removal; and 

(2) the Office keep records of these actions. 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 412; amended Pub. L. 95^54. 
Oct. 13, 1978, 92 Stat. 1226.) 

§2952. Time of making annual reports 

Except when a different time is specifically prescribed by statute, 
the head of each Executive department or military department shall 
make the annual reports required to be submitted to Congress, at the 
beginning of each regular session of Congress. The reports shall cover 
the transactions of the preceding year. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 413.) 

§ 2953. Reports to Congress on additional employee requirements 

(a) Each report, recommendation, or other communication, of an 
official nature, of an Executive agency which — 

( 1 ) relates to pending or proposed legislation which, if enacted, 
will entail an estimated annual expenditure of appropriated funds 
in excess of $1,000,000; 

(2) is su omitted or transmitted to Congress or a committee 
thereof in compliance with law or on the initiative of the appro- 
priate authority of the executive branch ; and 

( 3 ) officially proposes or recommends the creation or expansion, 
either by action of Congress or by administrative action, of a func- 
tion, activity, or authority of the Executive agency to be in addi- 
tion to those function, activities, and authorities thereof existing 
when the report, recommendation, or other communication is so 
submitted or transmitted ; 

shall contain a statement, concerning the Executive agency, for each 
of the first 5 fiscal years during which each additional or expanded 
function, activity, or authority so proposed or recommended is to 
be in effect, setting forth the following information — 

II 



97 Sec. 2954 



(A) the estimated maximum additional — 

(i) man-years of civilian employment, by general cate- 
gories of positions ; 

( ii ) expenditures for personal services ; and 
(iii) expenditures for all purposes other than personal 
services ; 
which are attributable to the function, activity, or authority and 
which will be required to be effected by the Executive agency in 
connection with the performance thereof ; and 

(B) such other statement, discussion, explanation, or other in- 
formation as is considered advisable by the appropriate authority 
of the executive branch or that is required by Congress or a com- 
mittee thereof. 

( b ) Subsection ( a ) of this section does not apply to — 

( 1 ) the Central Intelligence Agency ; 

(2) a Government controlled corporation ; or 

( 3 ) the General Accounting Office. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 413.) 

§2954. Information to committees of Congress on request 

An Executive agency, on request of the Committee on Government 
Operations of the House of Representatives, or of any seven members 
thereof, or on request of the Committee on Government Operations 
of the Senate, or any five members thereof, shall submit any infor- 
mation requested of it relating to any matter within the jurisdiction 
of the committee. (Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 413.) 



nti 



Sec. 3101 98 



Subpart B — Employment and Retention 
CHAPTER 31— AUTHORITY FOR EMPLOYMENT 

SUBCHAPTER I— EMPLOYMENT AUTHORITIES 

Sec. 

3101. General authority to employ. 

3102. Employment of reading assistants for blind employees and interpreting 

assistants for deaf employees. 

3103. Employment at seat of Government only for services rendered. 

3104. Employment of specially qualified scientific and professional personnel. 

3105. Appointment of administrative law judges. 

3106. Employment of attorneys ; restrictions. 

3107. Employment of publicity experts ; restrictions. 

3108. Employment of detective agencies ; restrictions. 

3109. Employment of experts and consultants ; temporary or intermittent. 

3110. Employment of relatives ; restrictions. 

3111. Acceptance of volunteer service. 

3112. Disabled veterans ; noncompetitive appointment. 

SUBCHAPTER II— THE SENIOR EXECUTIVE SERVICE 

3131. The Senior Executive Service. 

3132. Definitions and exclusions. 

3133. Authorization of positions ; authority for appointment. 

3134. Limitations on noncareer and limited appointments. 

3135. Biennial report. 

3136. Regulations. 

SUBCHAPTER I— EMPLOYMENT AUTHORITIES 

§3101. General authority to employ 

Each Executive agency, military department, and the government 
of the District of Columbia may employ such number of employees of 
the various classes recognized by chapter 51 of this title as Congress 
may appropriate for from year to year. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 414.) 

§3102. Employment of reading assistants for blind employees 
and interpreting assistants for deaf employees 

( a ) For the purpose of this section — 

( 1 ) "agency" means — 

(A) an Executive agency ; 

( B ) the Library of Congress ; and 

( C ) the government of the District of Columbia ; 

(2) "head of each agency" means the Commissioner of the Dis- 
trict of Columbia with respect tr the government of the District 
of Columbia; 

(3) "blind employee" means an individual employed by an 
agency who establishes, to the satisfaction of the appropriate 
authority of the agency concerned and under regulations of the 



99 Sec. 3103 

head of that agency, that he has an impairment of sight, either 
permanent or temporary, which is so severe or disabling that the 
employment of a reading assistant or assistants for that individual 
is necessary or desirable to enable him properly to perform his 
work; 

(4) "deaf employee" means an individual employed by an 
agency who, in accordance with regulations prescribed by the head 
of the agency, establishes to the satisfaction of the appropriate 
authority of the agency concerned that the employee has a hear- 
ing impairment, either permanent or temporary, so severe or dis- 
abling that the employment of an interpreting assistant or assist- 
ants for the employee is necessary or desirable to enable such 
employee to perform the work of the employee ; and 

(5) "nonprofit organization" means an organization deter- 
mined by the Secretary of the Treasury to be an organization 
described by section 501 (c) of title 26 which is exempt from taxa- 
tion under section 501 (a) of title 26. 

(b) The head of each agency may employ a reading assistant or 
assistants for a blind employee and interpreting assistant or assist- 
ants for a deaf employee of his agency, to serve without pay from the 
agency, without regard to — 

(1) the provisions of this title governing appointment in the 
competitive service ; and 

(2) chapter 51 and subchapter III of chapter 53 of this title. 
A reading assistant or an interpreting assistant, other than the one 
employed or assigned under subsection (d) of this section, may receive 
pay for services performed by the assistant by and from the blind or 
deaf employee or a nonprofit organization, without regard to section 
209 of title 18, so employed may be paid and receive pay for his services 
as reading assistant by and from the blind employee or a nonprofit 
organization, without regard to section 209 of title 18. 

(c) This section may not be held or considered to prevent or limit 
in any way the assignment to a blind or deaf employee by an agency of 
clerical or secretarial assistance, at the expense of the agency and under 
statutes and regulations currently applicable at the time, if that assist- 
ance normally is provided, or authorized to be provided, in that man- 
ner under currently applicable statutes and regulations. 

(d) The head of each agency may also employ or assign, subject to 
section 209 of title 18 and to the provisions of this title governing 
appointment and chapter 51 and subchapter III of chapter 53 of this 
title governing classification and pay, such reading assistants for blind 
employees and such interpreting assistants for deaf employees as may 
be necessary to enable such employees to perform their work. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 414, amended Pub. L. 90-623, § 1(3), 
Oct, 22, 1968, 82 Stat. 1312; Pub. L. 95^154, § 302(a), Oct. 13, 1978, 
92 Stat. 1145.) 

§3103. Employment at seat of Government only for services 
rendered 

An individual may be employed in the civil service in an Executive 
department at the seat of Government only for services actually 
rendered in connection with and for the purposes of the appropriation 



Sec. 3104 100 

from which he is paid. An individual who violates this section shall 
be removed from the service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
415.) 

§3104. Employment of specially qualified scientific and profes- 
sional personnel 

(a) (1) The Director of the Office of Personnel Management may 
establish, and from time to time revise, the maximum number of scien- 
tific or professional positions (not to exceed 517) for carrying out 
research and development functions which require the services of 
specially qualified personnel which may be established outside of the 
General Schedule. Any such position may be established only by action 
of the Director. 

(2) The provisions of paragraph (1) of this subsection shall not 
apply to any Senior Executive Service position (as defined in section 
3132(a) of this title). 

(3) In addition to the number of positions authorized by paragraph 
(1) of this subsection, the Librarian of Congress may establish, with- 
out regard to the second sentence of paragraph (1) of this subsection, 
not more than 8 scientific or professional positions to carry out the 
research and development functions of the Library of Congress which 
require the services of specially qualified personnel. 

(b) The head of each agency authorized to fix under section 5371 
of this title the pay for positions established under this section shall 
submit to Congress not later than December 31 of each year (or in the 
case of the Administrator of the National Aeronautics and Space Ad- 
ministration not later than February 1 of each year) , a report setting 
forth— 

(1) the number of these positions established in his agency 
during that calendar year (or in the case of the National Aero- 
nautics and Space Administration during the previous calendar 
year) ; and 

(2) the name, rate of pay, and description of the qualifications 
of each incumbent, together with a statement of the functions 
performed by each. 

When the head of such an agency considers full public report on these 
items detrimental to the national security, he may omit the items from 
his annual report and. instead, present the information in executive 
session of such committee of a House of Congress as the presiding 
officer thereof may designate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
415, amended Pub. L. 90-83, § 1(7), Sept. 11, 1967, 81 Stat. 196; Pub. 
L. 91-375, § 6(c)(5), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1178 and 1221.) 

§ 3105. Appointment of administrative law judges 

Each agency shall appoint as many administrative law judges as are 
necessary for proceedings required to be conducted in accordance with 
sections 556 and 557 of this title. Administrative law judges shall be 
assigned to cases in rotation so far as practicable, and may not perform 
duties inconsistent with their duties and responsibilities as administra- 
tive law judges. (Pub. L. 89-554. Sept, 6, 1966, 80 Stat. 415; amended 
Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183.) 



101 Sec. 3106 

§3106. Employment of attorneys; restrictions 

Except as otherwise authorized by law, the head of an Executive 
department or military department may not employ an attorney or 
counsel for the conduct of litigation in which the United States, an 
agency, or employee thereof is a party, or is interested, or for the secur- 
ing of evidence therefor, but shall refer the matter to the Department 
of Justice. This section does not apply to the employment and pay- 
ment of counsel under section 1037 of title 10. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 415.) 

§3107. Employment of publicity experts; restrictions 

Appropriated funds may not be used to pay a publicity expert 
unless specifically appropriated for that purpose. (Pub. L. 89-554, 
Sept, 6, 1966, 80 Stat. 416.) 

§3108. Employment of detective agencies; restrictions 

An individual employed by the Pinkerton Detective Agency, or 
similar organization, may not be employed by the Government of the 
United States or the government of the District of Columbia. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 416) . 

§3109. Employment of experts and consultants; temporary or 
intermittent 

( a ) For the purpose of this section — 

(1) "agency" has the meaning given it by section 5721 of this 
title ; and 

(2) "appropriation" includes funds made available by statute 
under section 849 of title 31. 

(b) When authorized by an appropriation or other statute, the 
head of an agency may procure by contract the temporary (not in 
excess of 1 year) or intermittent services of experts or consultants or 
an organization thereof, including stenographic reporting services. 
Services procured under this section are without regard to — 

(1) the provisions of this title governing appointment in the 
competitive service ; 

(2) chapter 51 and subchapter III of chapter 53 of this title; 
and 

(3) section 5 of title 41, except in the case of stenographic 
reporting services by an organization. 

However, an agency subject to chapter 51 and subchapter III of 
chapter 53 of this title may pay a rate for services under this section 
in excess of the daily equivalent of the highest rate payable under 
section 5332 of this title only when specifically authorized by the 
appropriation or other statute authorizing the procurement of the 
services. 

(c) Positions in the Senior Executive Service may not be filled under 
the authority of subsection (b) of this section. (Pub. L. 89-554, 
Sept, 6, 1966, 80 Stat. 416; amended Pub. L. 95^54, Oct. 13, 1978, 92 
Stat. 1160.) 

§3110. Employment of relatives; restrictions 

(a) For the purpose of this section — 
(1) "agency" means — 

(A) an Executive agency ; 



Sec. 3111 102 

(B) an office, agency, or other establishment in the legis- 
lative branch ; 

(C) an office, agency, or other establishment in the judicial 
branch ; and 

(D) the government of the District of Columbia; 

(2) "public official" means an officer (including the President 
and a Member of Congress), a member of the uniformed service, 
an employee and any other individual, in whom is vested the 
authority by law, rule, or regulation, or to whom the authority 
has been delegated, to appoint, employ, promote, or advance in- 
dividuals, or to recommend individuals for appointment, em- 
ployment, promotion, or advancement, in connection with 
employment in an agency : and 

(3) "relative" means, with respect to a public official, an indi- 
vidual who is related to the public official as father, mother, son, 
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, 
husband, wife, father-in-law, mother-in-law, son-in-law, daugh- 
ter-in-law brother-in-law, sister-in-law, stepfather, stepmother, 
stepson, stepdaughter, stepbrother, stepsister, half brother, or 
half sister. 

(b) A public official may not appoint, employ, promote, advance, 
or advocate for appointment, employment, promotion, or advance- 
ment, in or to a civilian position in the agency in which he is serving 
or over which he exercises jurisdiction or control any individual who 
is a relative of the public official. An individual may not be appointed, 
employed, promoted, or advanced in or to a civilian position in an 
agency if such appointment, employment, promotion, or advancement 
has been advocated by a public official, serving in or exercising juris- 
diction or control over the agency, who is a relative of the individual. 

(c) An individual appointed, employed, promoted, or advanced in 
violation of this section is not entitled to pay, and money may not be 
paid from the Treasury as pay to an individual so appointed, em- 
ployed, promoted, or advanced. 

(d) The Office of Personnel Management may prescribe regulations 
authorizing the temporary employment, in the event of emergencies 
resulting from natural disasters or similar unforeseen events or cir 
cumstances, of individuals whose employment would otherwise be 
prohibited by this section. 

(e) This section shall not be construed to prohibit the appoint 
ment of an individual who is a preference eligible in any case in whicl 
the passing over of that individual on a certificate of eligibles fur 
nished under section 3317(a) of this title will result in the selectioi 
for appointment of an individual who is not a preference eligible 
(Added Pub. L. 90-206, § 221(a), Dec. 16, 1967, 81 Stat. 640; amendec 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§3111. Acceptance of volunteer service 

(a) For the purpose of this section, "student" means an individua 
who is enrolled, not less than half-time, in a high school, trade schoo 
technical or vocational institute, junior college, college, university, oi 
comparable recognized educational institution. An individual who is 
student is deemed not to have ceased to be a student during an interii 



103 Sec. 3112 

between school years if the interim is not more than 5 months and if 
such individual shows to the satisfaction of the Office of Personnel 
Management that the individual has a bona fide intention of continu- 
ing to pursue a course of study or training in the same or different ed- 
ucational institution during the school semester (or other period into 
which the school year is divided) immediately after the interim. 

(b) Notwithstanding section 3679(b) of the Revised Statutes (31 
U.S.C. 665(b) ), the head of an agency may accept, subject to regula- 
tions issued by the Office, voluntary service for the United States if the 
service — 

(1) is performed by a student, with the permission of the 
institution at which the student is enrolled, as part of an agency 
program established for the purpose of providing educational 
experiences for the student ; 

(2) is to be uncompensated ; and 

(3) will not be used to displace any employee. 

(c) Any student who provides voluntary service under subsection 
(b) of this section shall not be considered a Federal employee for any 
purpose other than for purposes of chapter 81 of this title (relating 
to compensation for injury) and sections 2671 through 2680 of title 
28 (relating to tort, claims) . (Added, Pub. L. 95-454, § 301 (a) , Oct. 13, 
1978, 92 Stat. 1144.) 

§3112. Disabled veterans; noncompetitive appointment 

Under such regulations as the Office of Personnel Management shall 
prescribe, an agency may make a noncompetitive appointment leading 
to conversion to career or career-conditional employment of a disabled 
veteran who has a compensable service-connected disability of 30 per- 
cent or more. (Added, Pub. L. 95-454, 92 Stat. 1147, Oct. 13, 1978.) 

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Sec. 3131 104 



SUBCHAPTEE II— THE SENIOR EXECUTIVE SERVICE 

§3131. The Senior Executive Service 

It is the purpose of this subchapter to establish a Senior Executive 
Service to ensure that the executive management of the Government of 
the United States is responsive to the needs, policies, and goals of the 
Nation and otherwise is of the highest quality. The Senior Executive 
Service shall be administered so as to — 

(1) provide for a compensation system, including salaries, bene- 
fits, and incentives, and for other conditions of employment, de- 
signed to attract and retain highly competent senior executives ; 

(2) ensure that compensation, retention, and tenure are contin- 
gent on executive success which is measured on the basis of indi- 
vidual and organizational performance (including such factors 
as improvements in efficiency, productivity, quality of work or 
service, cost efficiency, and timeliness of performance and success 
in meeting equal employment opportunity goals) ; 

(3) assure that senior executives are accountable and responsible 
for the effectiveness and productivity of employees under them; 

(4) recognize exceptional accomplishment; 

(5) enable the head of an agency to reassign senior executives to 
best accomplish the agency's mission ; 

(6) provide for severance pay, early retirement, and placement 
assistance for senior executives who are removed from the Senior 
Executive Service for nondisciplinary reasons : 

(7) protect senior executives from arbitrary or capricious 
actions ; 

(8) provide for program continuity and policy advocacy in the 
management of public programs ; 

(9) maintain a merit personnel system free of prohibited per- 
sonnel practices; 

(10) ensure accountability for honest, economical, and efficient 
Government ; 

(11) ensure compliance with all applicable civil service laws, 
rules, and regulations, including those related to equal employment 
opportunity, political activity, and conflicts of interest; 

(12) provide for the initial and continuing systematic develop 
ment of highly competent senior executives; 

(13) provide for an executive system which is guided by the 
public interest and free from improper political interference; anc 

(14) appoint career executives to fill Senior Executive Service 
positions to the extent practicable, consistent with the effective anc 
efficient implementation of agency policies and responsibilities 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1154.) 



4 105 Sec. 3132 

§3132. Definitions and exclusions 

(a) For the purpose of this subchapter — 

(1) "agency" means an Executive agency, except a Government 
corporation and the General Accounting Office, but does not in- 
clude^ — 

(A) any agency or unit thereof excluded from coverage by 
the President under subsection (c) of this section; or 

(B) the Federal Bureau of Investigation, the Central In- 
telligency Agency, the Defense Intelligence Agency, the 
National Security Agency, as determined by the President, an 
Executive agency, or unit thereof, whose principal function is 
the conduct of foreign intelligence or counterintelligence 
activities ; 

(2) "Senior Executive Service position" means any position 
in an agency which is in GS-16, 17, or 18 of the General Schedule 
or in level IV or V of the Executive Schedule, or an equivalent 
position, which is not required to be filled by an appointment by 
the President by and with the advice and consent of the Senate, 
and in which an employee — 

(A) directs the work of an organization unit ; 

(B) is held accountable for the success of one or more 
specific programs or projects ; 

(C) monitors progress toward organizational goals and 
periodically evaluates and makes appropriate adjustments to 
such goals ; 

(D) supervises the work of employees other than personal 
assistants; or 

(E) otherwise exercises important policy-making, policy- 
determining, or other executive functions; 

but does not include — 

(i) any position in the Foreign Service of the United 
States ; 

(ii) an administrative law judge position under section 
3105 of this title; or 

(iii) any position in the Drug Enforcement Administra- 
tion which is excluded from the competitive service under 
section 201 of the Crime Control Act of 1976 (5 U.S.C. 5108 
note; 90 Stat. 2425) ; 

(3) "senior executive" means a member of the Senior Executive 
Service ; 

(4) "career appointee" means an individual in a Senior Execu- 
tive Service position whose appointment to the position or previous 
appointment to another Senior Executive Service position was 
based on approval by the Office of Personnel Management of the 
executive qualifications of such individual ; 

(5) "limited term appointee" means an individual appointed 
under a nonrenewable appointment for a term of 3 years or less 
to a Senior Executive Service position the duties of which will 
expire at the end of such term ; 

(6) "limited emergency appointee" means an individual 
appointed under a nonrenewable appointment, not to exceed 18 



Sec. 3132 106 

months to a Senior Executive Service position established to meet 
a bona fide, unanticipated, urgent need ; 

(7) "noncareer appointee" means an individual in a Senior 
Executive Service position who is not a career appointee, a limited 
term appointee, or a limited emergency appointee ; 

(8) "career reserved position" means a position which is 
required to be filled by a career appointee and which is designated 
under subsection (b) of this section ; and 

(9) "general position" means any position, other than a career 
reserved position, which may be filled by either a career appointee, 
noncareer appointee, limited emergency appointee, or limited term 
appointee. 

(b)(1) For the purpose of paragraph (8) of subsection (a) of 
this section, the Office shall prescribe the criteria and regulations gov- 
erning the designation of career reserved positions. The criteria and 
regulations shall provide that a position shall be designated as a career 
reserved position only if the filling of the position by a career appointee 
is necessary to ensure impartiality, or the public's confidence in the 
impartiality, of the Government. The head of each agency shall be 
responsible for designating career reserved positions in such agency in 
accordance with such criteria and regulations. 

(2) The Office shall periodically review general positions to deter- 
mine whether the positions should be designated as career reserved. 
If the Office determines that any such position should be so designated, 
it shall order the agency to make the designation. 

(3) Notwithstanding the provisions of any other law, any position 
to be designated as a Senior Executive Service position (except a 
position in the Executive Office of the President) which — 

(A) is under the Executive Schedule, or for which the rate 
of basic pay is determined by reference to the Executive Schedule, 
and 

(B) on the day before the date of the enactment of the Civil 
Service Reform Act of 1978 was specifically required under sec- 
tion 2102 of this title or otherwise required by law to be in the 
competitive service, 

shall be designated as a career reserved position if the position entails 
direct responsibility to the public for the management or operation of 
particular government programs or functions. 

(4) Not later than March 1 of each year, the head of each agency 
shall publish in the Federal Register a list of positions in the agency, 
which were career reserved positions during the preceding calendar 
year. 

(c) An agency may file an application with the Office setting forth 
reasons why it, or a unit thereof, should be excluded from the coverage 
of this subchapter. The Office shall — 

(1) review the application and stated reasons, 

(2) undertake a review to determine whether the agency oi 
unit should be excluded from the coverage of this subchapter, and 

(3) upon completion of its review, recommend to the Presi- 
dent whether the agency or unit should be excluded from the 
coverage of this subchapter. 

If the Office recommends that an agency or unit thereof be excludedj 
from the coverage of this subchapter, the President may, on written 






107 Sec. 3133 

determination, make the exclusion for the period determined by the 
President to be appropriate. 

(d) Any agency or unit which is excluded from coverage under 
subsection (c) of this section shall make a sustained effort to bring its 
personnel system into conformity with the Senior Executive Service 
to the extent practicable. 

(e) The Office may at any time recommend to the President that 
any exclusion previously granted to an agency or unit thereof under 
subsection (c) of this section be revoked. Upon recommendation of the 
Office, the President may revoke, by written determination, any exclu- 
sion made under subsection (c) of this section. 

(f> n- 

(1) any agency is excluded under subsection (c) of this sec- 
tion, or 

(2) any exclusion is revoked under subsection (e) of this 
section, 

the Office shall, within 30 days after the action, transmit to the Con- 
gress written notice of the exclusion or revocation. (Pub. L. 95-454, 
Oct. 13, 1078, 92 Stat. 1155.) 

§3133. Authorization of positions; authority for appointment 

(a) During each even-numbered calendar year, each agency shall — 

(1) examine its needs for Senior Executive Service positions 
for each of the 2 fiscal years beginning after such calendar year ; 
and 

(2) submit to the Office of Personnel Management a written 
request for a specific number of Senior Executive Service posi- 
tions for each of such fiscal years. 

(b) Each agency request submitted under subsection (a) of this 
' section shall — 

(1) be based on the anticipated type and extent of program 
activities and budget requests of the agency for each of the 2 fiscal 
years involved, and such other factors as may be prescribed from 
time to time by the Office ; and 

(2) identify, by position title, positions which are proposed to 
be designated, as or removed from designation as career reserved 
positions, and set fo'rth justifications for such proposed actions. 

(c) The Office of Personnel Management, in consultation with the 
• r Office of Management and Budget, shall review the request of each 
• agency and shall authorize, for each of the 2 fiscal years covered by 
" requests required under subsection (a) of this section, a specific num- 
ber of Senior Executive Service positions for each agency. 

(d)(1) The Office of Personnel Management may, on a written 

■ request of an agency or on its own initiative, make an adjustment in 

the number of positions authorized for any agency. Each agency 

. request under this paragraph shall be submitted in such form, and 

< shall be based on such factors, as the Office shall prescribe. 

(2) The total number of positions in the Senior Executive Service 
, may not at any time during any fiscal year exceed 105 percent of the 
total number of positions authorized under subsection (c) of this 
; section for such fiscal year. 

(e) (1) Not later than July 1, 1979, and from time to time there- 
after as the Director of the Office of Personnel Management finds 



Sec. 3134 108 

appropriate, the Director shall establish, by rule issued in accordance 
with section 1103(b) of this title, the number of positions out of the 
total number of positions in the Senior Executive Service, as author- 
ized by this section or section 413 of the Civil Service Reform Act of 
1978, which are to be career reserved positions. Except as provided in 
paragraph (2) of this subsection, the number of positions required by 
this subsection to be career reserved positions shall not be less than the 
number of the positions then in the Senior Executive Service which 
before the date of such Act, were authorized to be filled only through 
competitive civil service examination. 

(2) The Director may, by rule, designate a number of career re- 
served positions which is less than the number required by paragraph 
(1) of this subsection only if the Director determines such lesser num- 
ber necessary in order to designate as general positions one or more 
positions (other than positions described in section 3132(b) (3) of this 
title) which — 

(A) involve policymaking responsibilities which require the 
advocacy or management of programs of the President and sup- 
port of controversial aspects of such programs ; 

(B) involve significant participation in the major political 
policies of the President ; or 

(C) require the senior executives in the positions to serve as 
personal assistants of, or advisers to, Presidential appointees. 

The Director shall provide a full explanation for his determination in 
each case. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1158.) 

§ 3134. Limitations on noncareer and limited appointments 

( a ) During each calendar year, each agency shall — 

(1) examine its needs for employment of noncareer appointees 
for the fiscal year beginning in the following year ; and 

(2) submit to the Office of Personnel Management, in accord- 
ance with regulations prescribed by the Office, a written request 
for authority to employ a specific number of noncareer appointees 
for such fiscal year. 

(b) The number of noncareer appointees in each agency shall be 
determined annually by the Office on the basis of demonstrated need 
of the agency. The total number of noncareer appointees in all agen- 
cies may not exceed 10 percent of the total number of Senior Execu- 
tive Service positions in all agencies. 

(c) Subject to the 10 percent limitation of subsection (b) of this 
section, the Office may adjust the number of noncareer positions au- 
thorized for any agency under subsection (b) of this section if 
emergency needs arise that were not anticipated when the original au- 
thorizations were made. 

(d) The number of Senior Executive Service positions in any 
agency which are filled by noncareer appointees may not at any time 
exceed the greater of — 

(1) 25 percent of the total number of Senior Executive Serv- 
ice positions in the agency ; or 

(2) the number of positions in the agency which were filled 
on the date of the enactment of the Civil Service Reform Act of 
1978 by— 



109 Sec. 3135 

(A) noncareer executive assignments under subpart F of 
part 305 of title 5, Code of Federal Kegulations, as in effect 
on such date, or 

(B) appointments to level IV or V of the Executive 
Schedule which were not required on such date to be made by 
and with the advice and consent of the Senate. 

This subsection shall not apply in the case of any agency having fewer 
than 4 Senior Executive Service positions. 

(e) The total number of limited emergency appointees and limited 
term appointees in all agencies may not exceed 5 percent of the total 
number of Senior Executive Service positions in all agencies (Pub. L. 
95-454, Oct. 13, 1978, 92 Stat. 1159.) 

§3135. Biennial report 

(a) The Office of Personnel Management shall submit to each 
House of the Congress, at the time the budget is submitted by the 
President to the Congress during each odd-numbered calendar year, a 
report on the Senior Executive Service. The report shall include — 

(1) the number of Senior Executive Service positions author- 
ized for the then current fiscal year, in the aggregate and by 
agency, and the projected number of Senior Executive Service 
positions to be authorized for the next two fiscal years, in the 
aggregate and by agency ; 

(2) the authorized number of career appointees and noncareer 
appointees, in the aggregate and by agency, for the then current 
fiscal year ; 

(3) the position titles and descriptions of Senior Executive 
Service positions designated for the then current fiscal year; 

(4) a description of each exclusion in effect under section 3132 
(c) of this title during the preceding fiscal year ; 

(5) the number of career appointees, limited term appointees, 
limited emergency appointees, and noncareer appointees, in the 
aggregate and by agency, employed during the preceding fiscal 
year; 

(6) the percentage of senior executives at each pay rate, in the 
aggregate and by agency, employed at the end of he preceding 
fiscal year ; 

(7) the distribution and amount of performance awards, in 
the aggregate and by agency, paid during the preceding fiscal 
year; 

(8) the estimated number of career reserved positions which, 
during the two fiscal years following the then current fiscal year, 
will become general positions and the estimated number of general 
positions which during such two fiscal years, will become career 
reserved positions ; and 

(9) such other information regarding the Senior Executive 
Service as the Office considers appropriate. 

(b) The Office of Personnel Management shall submit to each House 
of the Congress, at the time the budget is submitted to the Congress 
during each even-numbered calendar year, an interim report showing 
changes in matters required to be reported under subsection (a) of this 
section. (Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1159.) 



35-550 O - 79 



Sec. 3136 110 

§3136. Regulations 

The Office of Personnel Management shall prescribe regulations to 
carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1159.) 



CHAPTER 33— EXAMINATION, SELECTION, AND 
PLACEMENT 

SUBCHAPTER I— EXAMINATION, CERTIFICATION, AND 
APPOINTMENT 

Sec. 

3301. Civil service ; generally. 

3302. Competitive service ; rules. 

3303. Competitive service, recommendations of Senators or Representatives. 

3304. Competitive service ; examinations. 

3304a. Competitive service ; career appointment after 3 years' temporary service. 

3305. Competitive service ; examinations ; when held. 

3306. [Repealed.] 

3307. Competitive service ; maximum-age entrance requirements ; exceptions. 

3308. Competitive service ; examinations ; educational requirements prohibited ; 

exceptions. 

3309. Preference eligibles ; examinations ; additional points for. 

3310. Preference eligibles ; examinations ; guards, elevator operators, messen- 

gers, and custodians. 

3311. Preference eligibles ; examinations ; crediting experience. 

3312. Preference eligibles ; physical qualifications ; waiver. 

3313. Competitive service ; registers of eligibles. 

3314. Registers ; preference eligibles who resigned. 

3315. Registers ; preference eligibles furloughed or separated. 

3315a. Registers ; individuals receiving compensation for work injuries. 1 

3316. Preference eligibles ; reinstatement. 

3317. Competitive service ; certification from registers. 

3318. Competitive service ; selection from certificates. 

3319. [Repealed.] 

3320. Excepted service ; government of the District of Columbia ; selection. 

3321. Competitive service ; probation period. 

3322. [Repealed.] 

3323. Automatic separations ; reappointment ; reemployment of annuitants. 

3324. Appointment at GS-16, 17, and 18. 

3325. Appointments to scientific and professional positions. 

3326. Appointments of retired members of the armed forces to positions in the 

Department of Defense. 

3327. Civil service employment information. 

SUBCHAPTER II— OATH OF OFFICE 

3331. Oath of office. 

3332. Officer affidavit ; no consideration paid for appointment. 

3333. Employee affidavit; loyalty and striking against the Government. 

SUBCHAPTER III— DETAILS 

3341. Details ; within Executive or military department. 

3342. [Repealed.] 

3343. Details ; international organizations. 

3344. Details ; administrative law judges. 

3345. Details ; to office of head of Executive or military department. 

3346. Details ; to subordinate offices. 

3347. Details ; Presidential atuhority. 

3348. Details ; limited in time. 

3349. Details ; to fill vacancies ; restrictions. 

1 Section 3315a was repealed by section 22(c) of Pub. L. 93-416, Sept. 7, 1974, 
88 Stat. 1150. However, item 3315a of this chapter analysis was not repealed. 

(HI) 



112 

SUBCHAPTER IV— TRANSFERS 

Sec. 

3351. Preference eligibles; transfer; physical qualifications; waiver. 

SUBCHAPTER V— PROMOTION 

3361. Promotion ; competitive service ; examination. 

3362. Promotion ; effect of incentive award. 

3363. Preference eligibles ; promotion ; physical qualifications ; waiver. 

3364. [Repealed.] 

SUBCHAPTER VI— ASSIGNMENTS TO AND FROM STATES 

3371. Definitions. 

3372. General provisions. 

3373. Assignments of employees to State or local governments. 

3374. Assignments of employees from State or local governments. 

3375. Travel expenses. 

3376. Regulations. 

SUBCHAPTER VII— AIR TRAFFIC CONTROLLERS 

3381. Training. 

3382. Involuntary separation for retirement. 

3383. Determinations ; review procedures. 

3384. Regulations. 

3385. Effect on other authority. 

SUBCHAPTER VIII— APPOINTMENT, REASSIGNMENT, TRANSFER, AND 
DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE 

3391. Definitions. 

3392. General appointment provisions. 

3393. Career appointments. 

3394. Noncareer and limited appointments. 

3395. Reassignment and transfer within the Senior Executive Service. 

3396. Development for and within the Senior Executive Service. 

3397. Regulations. 






113 Sec. 3301 



SUBCHAPTER I— EXAMINATION, CERTIFICATION, 
AND APPOINTMENT 

§3301. Civil service; generally 

The President may — 

(1) prescribe such regulations for the admission of individuals 
into the civil service in the executive branch as will best promote 
the efficiency of that service ; 

(2) ascertain the fitness of applicants as to age, health, charac- 
ter, knowledge, and ability for the employment sought; and 

(3) appoint and prescribe the duties of individuals to make in- 
quiries for the purpose of this section. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 417.) 

§3302. Competitive service; rules 

The president may prescribe rules governing the competitive service. 
The rules shall provide, as nearly as conditions of good administration 
warrant, for — 

(1) necessary exceptions of positions from the competitive 
service; and 

(2) necessary exceptions from the provisions of sections 2951, 
3304(a), 3321, 7202, 7203, 7321, and 7322 of this title. 

Each officer and individual employed in an agency to which the rules 
apply shall aid in carrying out the rules. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 417; amended Pub. L. 95-228, Feb. 10, 1978, 92 Stat. 25; Pub. 
L. 95-454, Oct. 13, 1978, 92 Stat. 1217.) 

§3303. Competitive service; recommendations of Senators or 
Representatives 

An individual concerned in examining an applicant for or appoint- 
ing him in the competitive service may not receive or consider a 
recommendation of the applicant by a Senator or Representative, ex- 
cept as to the character or residence of the applicant (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat, 418.) 

§3304. Competitive service; examinations 

(a) The President may prescribe rules which shall provide, as 
nearly as conditions of good administration warrant, for — 

(1) open, competitive examinations for testing applicants for 
appointment in the competitive service which are practical in 
character and as far as possible relate to matters that fairly test 
the relative capacity and fitness of the- applicants for the appoint- 
ment sought; and 

(2) noncompetitive examinations when competent applicants 
do not compete after notice has been given of the existence of the 
vacancy. 

(b) An individual may be appointed in the competitive service only 
if he has passed an examination or is specifically excepted from ex- 



Sec. 3304a 114 

animation under section 3302 of this title. This subsection does not 
take from the President any authority conferred by section 3301 of this 
title that is consistent with the provisions of this title governing the 
competitive service. 

(c) Notwithstanding a contrary provision of this title or of the 
rules and regulations prescribed under this title for the administration 
of the competitive service, an individual who served — 

(1) for at least 3 years in the legislative branch in a position in 
which he was paid by the Secretary of the Senate or the Clerk of 
the House of Representatives ; or 

(2) for at least 4 years as a secretary or law clerk, or both to a 
justice or judge of the United States ; 

acquires a competitive status for transfer to the competitive service 
if he is involuntarily separated without prejudice from the legislative 
or judicial branch, passes a suitable noncompetitive examination, and 
transfers to the competitive service within 1 year of the separation 
from the legislative or judicial branch. For the purpose of this subsec- 
tion, an individual who has served for at least 2 years in a position in 
the legislative branch described by paragraph (1) of this subsection 
and who is separated from that position to enter the armed forces is 
deemed to have held that position during his service in the armed 
forces. 

(d) Employees at any place outside the District of Columbia where 
the President or the Office of Personnel Management directs that 
examinations be held shall allow the reasonable use of public buildings 
for, and in all proper wavs facilitate, holding the examinations. (Pub. 
L. 89-554, Sept. 6, 1966, 80 Stat. 418 ; amended Pub. L. 95^54, Oct. 13, 
1978, 92 Stat. 1225.) 

§ 3304a. Competitive service; career appointment after 3 years' 
temporary service 

(a) An individual serving in a position in the competitive service 
under an indefinite appointment or a temporary appointment pending 
establishment of a register (other than an individual serving under an 
overseas limited appointment or in GS-16, GS-17, or GS-18) acquires 
competitive status and is entitled to have his appointment converted 
to a career appointment, without condition, when — 

(1) he completes, without break in service of more than 30 days, 
a total of at least 3 years of service in such a position ; 

(2) he passes a suitable noncompetitive examination ; 

(3) the appointing authority (A) recommends to the Office of 
Personnel Management that the appointment of the individual be 
converted to a career appointment and (B) certifies to the Office 
that the work performance of the individual for the past 12 months 
has been satisfactory ; and 

(4) he meets Office qualification requirements for the position 
and is otherwise eligible for career appointment. 

(b) The employing agency shall terminate the appointment of an 
individual serving in a position in the competitive service under an 
indefinite or temporary appointment described in subsection (a) of 
this section, not later than 90 days after he has completed the 3-year 
period referred to in subsection (a) (1) of this section, if, prior to the j 
close of such 90-day period, such individual has not met the require- 



« 



115 Sec. 3305 

ments and conditions of subparagraphs (2) to (4), inclusive, of sub- 
section (a) of this section. 

(c) In computing years of service under subsection (a) (1) of this 
section for an individual who leaves a position in the competitive 
service to enter the armed forces and is reemployed in such a position 
within 120 days after separation under honorable conditions, the period 
from the date he leaves his position to the date he is reemployed is 
included. 

(d) The Office of Personnel Management may prescribe regulations 
necessary for the administration of this section. (Added Pub. L. 90- 
105, § 1(a), Oct. 11, 1967, 81 Stat. 273, amended Pub. L. 91-375, § 6(c) 
(6), Aug. 12, 1970, 84 Stat. 776; amended Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1224.) 

§3305. Competitive service; examinations; when held 

(a) The Civil Service Commission 1 shall hold examinations for the 
competitive service at least twice a year in each State and territory or 
possession of the United States where there are individuals to be 
examined. 

(b) The Commission 2 shall hold an examination for a position to 
which an appointment has been made within the preceding 3 years, on 
the application of an individual who qualifies as a preference eligible 
under section 2108(3) (C)-(G) of this title. The examination shall 
be held during the quarter following the application. (Pub. L. 89-554, 
Sept, 6, 1966. 80 Stat. 418, amended Pub. L. 90-83, § 1(8). Sept, 11, 
1967, 81 Stat. 197.) 

§ 3306. Repealed Pub. L. 95-228, Feb. 10, 1978, 92 Stat. 25 

§3307. Competitive service; maximum-age entrance require- 
ments; exceptions 

(a) Except as provided in subsections (b), (c), and (d) of this 
section, appropriated funds may not be used to pay an employee who 
establishes a maximum-age requirement for entrance into the competi- 
tive service, 

(b) The Secretary of Transportation may, with the concurrence 
of such agent as the President may designate, determine and fix the 
maximum limit of age within which an original appointment to a 
position as an air traffic controller may be made. 

(c) The Secretary of the Interior may determine and fix the mini- 
mum and maximum limits of age within which original appointments 
to the United States Park Police may be made. 

(d) The head of any agency may, with the concurrence of such 
agent as the President may designate, determine and fix the mini- 
mum and maximum limits of age within which an original appoint- 
ment may be made to a position as a law enforcement officer or fire- 
fighter, as defined by section 8331 (20) and (21), respectively, of this 
title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419, amended Pub. L. 
92-297, § 2(a) , May 16, 1972, 86 Stat. 141 ; Pub. L. 93-350, § 1, July 12, 
1974, 88 Stat. 355.) 

§3308. Competitive service; examinations; educational require- 
ments prohibited; exceptions 

The Office of Personnel Management or other examining agency 
may not prescribe a minimum educational requirement for an exami- 

1 Should be "Office of Personnel Management." 

2 Should be "Office." 



Sec. 3309 116 

nation for the competitive service except when the Office decides that 
the duties of a scientific, technical, or professional position cannot 
be performed by an individual who does not have a prescribed mini- 
mum education. The Office shall make the reasons for its decision 
under this section a part of its public records. (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat. 419; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 
1224.) 

§3309. Preference eligibles; examinations; additional points for 

A preference eligible who receives a passing grade in an examination 
for entrance into the competitive service is entitled to additional points 
above his earned rating, as follows — 

(1) a preference eligible under section 2108(3) (C)-(G) of 
this title — 10 points ; and 

(2) a preference eligible under section 2108(3) (A) of this 
title — 5 points. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419, amended Pub. L. 90-83, 
§ 1(8), Sept. 11, 1967,81 Stat. 197.) 

§ 3310. Preference eligibles ; examinations ; guards, elevator oper- 
ators, messengers, and custodians 

In examinations for positions of guards, elevator operators, mes- 
sengers, and custodians in the competitive service, competition is re- 
stricted to preference eligibles as long as preference eligibles are avail- 
able. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.) 

§3311. Preference eligibles; examinations; crediting experience 

In examinations for the competitive service in which experience is 
an element of qualification, a preference eligible is entitled to credit — 

(1) for service in the armed forces when his employment in 
a similar vocation to that for which examined was interrupted 
by the service ; and 

(2) for all experience material to the position for which ex- 
amined, including experience gained in religious, civic, welfare, 
service, and organizational activities, regardless of whether he 
received pay therefor. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.) 

§3312. Preference eligibles; physical qualifications; waiver 

(a) In determining qualifications of a preference eligible for ex- 
amination for, appointment in, or reinstatement in the competitive 
service, the Office of Personnel Management or other examining agency 
shall waive — 

(1) requirements as to age, height, and weight, unless the re- 
quirement is essential to the performance of the duties of the 
position; and 

(2) physical requirements if, in the opinion of the Office or 
other examining agency, after considering the recommendation 
of an accredited physician, the preference eligible is physically 
able to perform efficiently the duties of the position. 

(b) If an examining agency determines that, on the basis of evi- 
dence before it, a preference eligible under section 2108(3) (C) of this 
title who has a compensable service-connected disability of .30 percent 



< 



« 



117 Sec. 3313 

or more is not able to fulfill the physical requirements of the position, 
the examining agency shall notify the Office of the determination and, 
at the same time, the examining agency shall notify the preference eli- 
gible of the reasons for the determination and of the right to respond, 
within 15 days of the date of the notification, to the Office. The Office 
shall require a demonstration by the appointing authority that the 
notification was timely sent to the preference eligible ? s last known 
address and shall, before the selection of any other person for the posi- 
tion, make a final determination on the physical ability of the prefer- 
ence eligible to perform the duties of the position, taking into account 
any additional information provided in any such response. When the 
Office has completed its review of the proposed disqualification on the 
basis of physical disability, it shall send its findings to the appointing 
authority and the preference eligible/The appointing authority shall 
comply with the findings of the Office. The functions of the Office 
under this subsection may not be delegated. (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat. 420; amended, Pub. L. 95-454, Oct, 13, 1978, 92 Stat. 
1148 and 1224.) 

§3313. Competitive service; registers of eligibles 

The names of applicants who have qualified in examinations for the 
competitive service shall be entered on appropriate registers or lists 
of eligibles in the following order — 

(1) for scientific and professional positions in GS-9 or higher, 
in order of their ratings, including points added under section 
3309 of this title; and 

(2) for all other positions — 

(A) disabled veterans who have a compensable service- 
connected disability of 10 percent or more, in order of their 
ratings, including points added under section 3309 of this 
title; and 

(B) remaining applicants, in the order of their ratings, 
including points added under section 3309 of this title. 

The names of preference eligibles shall be entered ahead of others 
having the same rating. (Pub. L. 89-554, Sept. 6, 1966; 80 Stat. 420.) 

§3314. Registers; preference eligibles who resigned 

A preference eligible who resigns, on request to the Office of Person- 
nel Management, is entitled to have his name placed again on all reg- 
isters for which he may have been qualified, in the order named by 
section 3313 of this title. (Pub. L. 80-554, Sept. 6, 1966, 80 Stat, 420; 
amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§3315. Registers; preference eligibles furloughed or separated 

(a) A preference eligible who has been separated or furloughed 
without deliquency or misconduct, on request, is entitled to have his 
name placed on appropriate registers and employment lists for every 
position for which his qualifications have been established, in the 
order named by section 3313 of this title. This subsection applies to 
registers and employment lists maintained by the Civil Service Com- 
mission, 1 an Executive agency, or the government of the District of 
Columbia. 

(b) The Commission 2 may declare a preference eligible who has 
been separated or furloughed without pay under section 7512 of this 

1 Should be "Office of Personnel Management." 

2 Should be "office." 



Sec. 3315a 118 

title to be entitled to the benefits of subsection (a) of this section. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.) 

§ 3315a. Repealed. Pub. L. 93-416, § 22(c), Sept. 7, 1974, 88 Stat. 
1150 

§ 3316. Preference eligibles ; reinstatement 

On request of an appointing authority, a preference eligible who 
has resigned or who has been dismissed or furloughed may be certified 
for, and appointed to, a position for which he is eligible in the com- 
petitive service, an Executive agency, or the government of the 
District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421.) 

§3317. Competitive service; certification from registers 

(a) The Civil Service Commission a shall certify enough names from 
the top of the appropriate register to permit a nominating or appoint- 
ing authority who has requested a certificate of eligibles to consider at 
least three names for appointment to each vacancy in the competitive 
service. 

(b) When an appointing authority, for reasons considered sufficient 
by the Office has three times considered and passed over a preference 
eligible who was certified from a register, certification of the prefer- 
ence eligible for appointment may be discontinued. However, the pref- 
erence eligible is entitled to advance notice of discontinuance of 
certification. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421; amended 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§3318. Competitive service; selection from certificates 

(a) The nominating or appointing authority shall select for ap- 
pointment to each vacancy from the highest three eligibles available 
for appointment on the certificate furnished under section 3317(a) of 
this title, unless objection to one or more of the individuals certified 
is made to, and sustained by, the Office of Personnel Management for 
proper and adequate reason under regulations prescribed by the Office. 

(b)(1) If an appointing authority proposes to pass over a prefer- 
ence eligible on a certificate in order to select an individual who is not 
a preference eligible, such authority shall file written reasons with the 
Office for passing over the preference eligible. The Office shall make 
the reasons presented by the appointing authority part of the record of 
the preference eligible and may require the submission of more de- 
tailed information from the appointing authority in support of the 
passing over of the preference eligible. The Office shall determine the 
sufficiency or insufficiency of the reasons submitted by the appointing 
authority, taking into account any response received from the prefer- 
ance eligible under paragraph (2) of this subsection. When the Office 
has completed its review of the proposed passover, it shall send its 
findings to the appointing authority and to the preference eligible. 
The appointing authority shall comply with the findings of the Office. 

(2) In the case of a preference eligible described in section 2108(3) 
(C) of this title who has a compensable service-connected disability of 
30 percent or more, the appointing authority shall at the same time it 
notifies the Office under paragraph (1) of this subsection, notify the 
preference eligible of the proposed passover, of the reasons therefore 
and of his right to respond to such reasons to the Office within 15 days* 



Should be "Office of Personnel Management' 



119 Sec. 3319 

of the date of such notification. The Office shall, before completing its 
review under paragraph (1) of this subsection, require a demonstra- 
tion by the appointing authority that the passover notification was 
timely sent to the preference eligible's last known address. 

(3) A preference eligible not described in paragraph (2) of this 
subsection, or his representative, shall be entitled, on request, to a copy 
of— 

(A) the reasons submitted by the appointing authority in sup- 
port of the proposed passover, and 

( B ) the findings of the Office. 

(4) In the case of a preference eligible described in paragraph (2) 
of this subsection, the functions of the Office under this subsection may 
not be delegated. 

(c) When three or more names of preference eligibles are on a re- 
employment list appropriate for the position to be filled, a nominating 
or appointing authority may appoint from a register of eligibles es- 
tablished after examination only an individual who qualifies as a 
preference eligible, under section 2108(3) (C)-(G) of this title. 
(Pub. L. 89-554, Sept, 6, 1966. 80 Stat, 420, amended Pub. L. 90-83, 
§ 1(8), Sept. 11, 1967, 81 Stat. 197: Pub. L. 95-454, § 307(d), Oct. 13, 
1978, 92 Stat, 1148 and 1224.) 

§ 3319. Repealed. Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1149 

§ 3320. Excepted service; government of the District of Columbia; 
selection 

, The nominating or appointing authority shall select for appoint- 
ment to each vacancy in the excepted service in the executive branch 
and in the government of the District of Columbia from the qualified 
applicants in the same manner and under the same conditions required 
for the competitive service by sections 3308-3318 of this title, This sec- 
tion does not apply to an appointment required by Congress to be con- 
finned by, or made with the advice and consent of. the Senate. 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 422.) 

§3321. Competitive service; probationary period 

(a) The President may take such action, including the issuance of 
rules, regulations, and directives, as shall provide as nearly as condi- 
tions of good administration warrant for a period of probation — 

(1) before an appointment in the competitive service becomes 
final; and 

(2) before initial appointment as a supervisor or manager 
becomes final. 

(b) An individual — 

(1) who has been transferred, assigned, or promoted from a 
position to a supervisory or managerial position, and 

(2) who does not satisfactorily complete the probationary 
period under subsection (a) (2) of this section, 

shall be returned to a position of no lower grade and pay than the posi- 
tion from which the individual was transferred, assigned, or promoted. 
Xothing in this section prohibits an agency from taking an action 
against an individual serving a probationary period under subsection 
(a)(2) of this section for cause unrelated to supervisory or managerial 
performance. 



Sec. 3222 120 

(c) Subsections (a) and (b) of this section shall not apply with 
respect to appointments in the Senior Executive Service. (Pub. L. 95- 
454, Oct. 13, 1978, 92 Stat. 1146.) 

§3322. Repealed. Pub. L. 95-256, § 5(b)(1), Apr. 6, 1978, 92 Stat. 
191 

§ 3323. Automatic separations ; reappointment ; reemployment of 
annuitants 

(a) An individual who reaches the retirement age prescribed for 
automatic separation applicable to him may not be continued in the 
civil service or in the government of the District of Columbia. An 
individual separated on account of age under a statute or regulation 
providing for retirement on account of age is not eligible for appoint- 
ment in the civil service or in the government of the District of Colum- 
bia. The President, when in his judgment the public interest so 
requires, may except an individual from this subsection by Executive 
order. This subsection does not apply to an individual named by a stat- 
ute providing for the continuance of the individual in the civil serv- 
ice or in the government of the District of Columbia. 

(b) Notwithstanding other statutes, an annuitant as defined by sec- 
tion 8331 of this title receiving annuity from the Civil Service Retire- 
ment and Disability Fund is not barred by reason of his retired status 
from employment in an appointive position for which he is qualified. 
An annuitant so reemployed serves at the will of the appointing 
authority. 

(c) Notwithstanding subsection (a) of this section, a Foreign Serv- 
ice officer retired under section 1001 or 1002 of title 22 or a Foreign 
Service staff officer or employee retired under section 1063 of title 22 
is not barred by reason of his retired status from employment in a 
position in the civil service for which he is qualified. An annuitant so 
reemployed serves at the will of the appointing authority. 

(d) Notwithstanding subsection (a) of this section, the Chief of 
Engineers of the Army, under section 569a of title 33, may employ a 
retired employee whose expert assistance is needed in connection with 
river and harbor or flood control works. There shall be deducted from 
the pay of an employee so reemployed an amount equal to the annuity 
or retired pay allocable to the period of actual employment. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 422.) 

§ 3324. Appointments at GS-16, 17 and 18 

(a) An appointment to a position in GS-16, 17, or 18 may be made 
only on approval of the qualifications of the proposed appointee by 
the Office of Personnel Management. This section does not apply to a 
position — 

(1) provided for in section 5108(c) (2) of this title; 

(2) to which appointment is made by the President ; 

(3) to which appointment is made by the Librarian of Con- 
gress; or 

(4) the incumbent of which is paid from — 

(A) appropriations for the Executive Office of the Presi- 
dent under the heading "The White House Office'', "Special 
Projects", "Council of Economic Advisers", "National 



121 Sec. 3325 

Security Council'', or "Office of Emergency Planning"; or 
(B) funds appropriated to the President under the head- 
ing "Emergency Fund for the President'' by the Treasury, 
Post Office, and Executive Office Appropriation Act, 1966, 
or a later statute making appropriations for the same 
purpose, 
(b) The Office may prescribe regulations necessary for the adminis- 
tration of this section. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422, 
amended Pub. L. 90-83, § 1(10), Sept, 11, 1967, 81 Stat. 197; amended 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§3325. Appointments to scientific and professional positions 

(a) Positions established under section 3104 of this title are in 
the competitive service. However, appointments to the positions are 
made without competitive examination on approval of the qualifica- 
tions of the proposed appointee by the Office of Personnel Manage- 
ment or its designee for this purpose. 

(b) This section does not apply to positions established under 
section 3104(a)(7) of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 423; amended Pub. L. 95^54, Oct. 13, 1978, 92 Stat, 1224.) 

§ 3326. Appointments of retired members of the armed forces to 
positions in the Department of Defense 

(a) For the purpose of this section, "member*' and "Secretary 
concerned" have the meanings given them by section 101 of title 37. 

(b) A retired member of the armed forces may be appointed to a 
position in the civil service in or under the Department of Defense 
(including a nonappropriated fund instrumentality under the juris- 
diction of the armed forces) during the period of 180 days immedi- 
ately after his retirement only if — 

(1) the proposed appointment is authorized by the Secretary 
concerned or his designee for the purpose, and, if the position 
is in the competitive service, after approval by the Civil Service 
Commission a ; 

(2) the minimum rate of basic pay for the position has been 
increased under section 5303 of this title ; or 

(3) a state of national emergency exists. 

(c) A request by appropriate authority for the authorization, or 
the authorization and approval, as the case may be, required by sub- 
section (b) (1) of this section shall be accompanied by a statement 
which shows the actions taken to assure that — 

(1) full consideration, in accordance with placement and pro- 
motion procedures of the department concerned, was given to 
eligible career employees ; 

(2) when selection is by other than certification from an es- 
tablished civil service register, the vacancy has been publicized 
to give interested candidates an opportunity to apply ; 

(3) qualification requirements for the position have not been 
written in a manner designed to give advantage to the retired 
member ; and 

(4) the position has not been held open pending the retire- 
ment of the retired member. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 423.) 

1 Should be "Office of Personnel Management." 



Sec. 3327 122 

§3827. Civil service employment information 

(a) The Office of Personnel Management shall provide that in- 
formation concerning opportunities to participate in competitive ex- 
amination conducted by, or under authority delegated by, the Office 
of Personnel Management shall be made available to the employment 
offices of the United States Employment Service. 

(b) Subject to such regulations as the Office may issue, each agency 
shall promptly notify the Office and the employment offices of the 
United States Employment Service of — 

(1) each vacant position in the agency which is in the com- 
petitive service or the Senior Executive Service and for which 
the agency seeks applications from persons outside the Federal 
service, and 

(2) the period during which applications will be accepted. 
As used in this subsection, "agency" means an agency as denned in sec- 
tion 5102(a) (1) of this title other than an agency all the positions in 
which are excepted by statute from the competitive service. (Added, 
Pub. L. 95-154, Oct. 13, 1978, 92 Stat. 1151.) 






123 Sec. 3331 



SUBCHAPTER II— OATH OF OFFICE 

§3331. Oath of office 

An individual except the President, elected or appointed to an office 
of honor or profit in the civil service or uniformed services, shall take 
the following oath : "I, AB, do solemnly swear (or affirm) that I will 
support and defend the Constitution of the United States against all 
enemies, foreign and domestic: that I will bear true faith and alle- 
giance to the same; that I take this obligation freely, without any 
mental reservation or purpose of evasion; and that I will well and 
faithfully discharge the duties of the office on which I am about to 
enter. So help me God." This section does not affect other oaths re- 
quired by law. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 424.) 

§ 3332. Officer affidavit ; no consideration paid for appointment 

An officer, within 30 days after the effective date of his appointment, 
shall file with the oath of office required by section 3331 of this title an 
affidavit that neither he nor anyone acting in his behalf has given, 
transferred, promised, or paid any consideration for or in the expec- 
tation or hope of receiving assistance in securing the appointment. 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat, 424) . 

§3333. Employee affidavit; loyalty and striking against the 
Government 

(a) Except as provided by subsection (b) of this section, an indi- 
vidual who accepts office or employment in the Government of the 
United States or in the government of the District of Columbia shall 
execute an affidavit within 60 days after accepting the office or em- 
ployment that his acceptance and holding of the office or employment 
does not or will not violate section 7311 of this title. The affidavit is 
prima facie evidence that the acceptance and holding of office or em- 
ployment by the affiant does not or will not violate section 7311 of 
this title. 

(b) An affidavit is not required from an individual employed by the 
Government of the United States or the government of the District 
of Columbia for less than 60 days for sudden emergncy work in- 
volving the loss of human life or the destruction of property. This 
subsection does not relieve an individual from liability for violation of 
section 7311 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424.) 



Sec. 3341 124 



SUBCHAPTER III— DETAILS 

§ 3341. Details; within Executive or military departments 

(a) The head of an Executive department or military department 
may detail employees among the bureaus and offices of his depart- 
ment, except employees who are required by law to be exclusively 
engaged on some specific work. 

(b) Details under subsection (a) of this section may be made only 
by written order of the head of the department, and may be for not 
more than 120 days. These details may be renewed by written order 
of the head of the department, in each particular case, for periods 
not exceeding 120 days. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 425.) 

§ 3342. Repealed. Pub. L. 89-762; § 1(a), Nov. 5, 1966, 80 Stat. 1312. 

§3343. Details; to international organizations 

(a) For the purpose of this section — 

(1) "agency", "employee", and "international organization" 
have the meanings given them by section 3581 of this title ; and 

(2) "detail" means the assignment or loan of an employee to 
an international organization without a change of position from 
the agency by which he is employed to an international organiza- 
tion. 

(b) The head of an agency may detail, for a period of not more 
than 5 years, an employee of his agency to an international organiza- 
tion which requests services, except that under special circumstances, 
where the President determines it to be in the national interest, he may 
extend the 5-year period for up to an additional 3 years. 

(c) An employee detailed under subsection (b) of this section is 
deemed, for the purpose of preserving his allowances, privileges, 
rights, seniority, and other benefits, an employee of the agency from 
which detailed, and he is entitled to pay, allowances, and benefits from 
funds available to that agency. The authorization and payment of 
these allowances and other benefits from appropriations available 
therefor is deemed to comply with section 5536 of this title. 

(d) Details may be made under subsection (b) of this section — 

(1) without reimbursement to the United States by the inter- 
national organization ; or 

(2) with agreement by the international organization to reim- 
burse the United States for all or part of the pay, travel expenses, 
and allowances payable during the detail, and the reimbursement 
shall be credited to the appropriation, fund, or account used for 
paying the amounts reimbursed. 

(e) An employee detailed under subsection (b) of this section may 
be paid or reimbursed by an international organization for allowances 
or expenses incurred in the performance of duties required by the 



125 Sec. 3344 

detail, without regard to section 209 of title 18. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 425, amended Pub. L. 91-175, § 502(a), Dec. 30, 
1969, 83 stat. 825.) 

§3344. Details; administrative law judges 

An agency as denned by section 551 of this title which occasionally 
or temporarily is insufficiently staffed with administrative law judges 
appointed under section 3105 of this title may use administrative law 
judges selected by the Office of Personnel Management from and with 
the consent of other agencies. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
425, amended, Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183 and 1224.) 

§3345. Details; to office of head of Executive or military 
department 

When the head of an Executive department or military department 
dies, resigns, or is sick or absent, his first assistant, unless otherwise 
directed by the President under section 3347 of this title, shall per- 
form the duties of the office until a successor is appointed or the absence 
or sickness stops. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 425.) 

§3346. Details; to subordinate offices 

When an officer of a bureau of an Executive department or military 
department, whose appointment is not vested in the head of the de- 
partment, dies, resigns, or is sick or absent, his first assistant, unless 
otherwise directed by the President under section 3347 of this title, 
shall perform the duties of the office until a successor is appointed or 
the absence or sickness stops. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
426.) 

§3347. Details; Presidential authority 

Instead of a detail under section 3345 or 3346 of this title, the Presi- 
dent may direct the head of another Executive department or military 
department or another officer of an Executive department or military 
department, whose appointment is vested in the President, by and with 
the advice and consent of the Senate, to perform the duties of the office 
until a successor is appointed or the absence or sickness stops. This 
section does not apply to a vacancy in the office of Attorney General. 
(Pub. L. 89-554, Sept. 6, 1966, 80, Stat. 426.) 

§3348. Details; limited in time 

A vacancy caused by death or resignation may be filled temporarily 
under section 3345, 3346, or 3347 of this title for not more than 30 
days. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 426.) 

§3349. Details; to fill vacancies; restrictions 

A temporary appointment, designation, or assignment of one officer 
to perform the duties of another under section 3345 or 3346 of this 
title may not be made otherwise than as provided by those sections, 
except to fill a vacancv occurring during a recess of the Senate. (Pub. 
L. 89-554, Sept. 6, 1966, 80 Stat. 426.) 



35-550 O - 79 - 10 



Sec. 3351 126 



SUBCHAPTER IV— TRANSFERS 

§3351. Preference eligibles; transfer; physical qualifications; 
waiver 

In determining qualifications of a preference eligible for transfer 
to another position in the competitive service, an Executive agency, 
or the government of the District of Columbia, the Office of Personnel 
Management or other examining agency shall waive — 

(1) requirements as to age, height, and weight, unless the 
requirement is essential to the performance of the duties of the 
position; and 

(2) physical requirements if, in the opinion of the Office or 
other examining agency, after considering the recommendation 
of an accredited physician, the preference eligible is physically 
able to perform efficiently the duties of the position. 

This section does not apply to an appointment required by Congress 
to be confirmed by, or made with the advice and consent of, the Senate. 
(Pub. L. 89-554, Sep. 6, 1966, 80 Stat. 426, amended Pub. L. 94-183, 
§ 2(4), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, Oct, 13, 1978, 92 
Stat. 1224.) 



127 Sec. 3361 



SUBCHAPTER V— PROMOTION 

§3361. Promotion; competitive service; examination 

An individual may be promoted in the competitive service only if 
he has passed an examination or is specifically excepted from exam- 
ination under section 3302 of this title. This section does not take from 
the President any authority conferred by section 3301 of this title that 
is consistent with the provisions of this title governing the competitive 
service. (Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 426.) 

§3362. Promotion; effect of incentive award 

An agency, in qualifying and selecting an employee for promotion, 
shall give due weight to an incentive award under chapter 45 of this 
title. For the purpose of this section, "agency" and "employee" have 
the meanings given them by section 4501 of this title. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 426.) 

§3363. Preference eligibles; promotion; physical qualifications; 
waiver 

In determining qualifications of a preference eligible for promotion 
to another position in the competitive service, an Executive agency, 
or the government of the District of Columbia, the Office of Personnel 
Management or other examining agency shall waive — 

(1) requirements as to age, height, and weight, unless the re- 
quirement is essential to the performance of the duties of the 
position; and 

(2) physical requirements if, in the opinion of the Office or 
other examining agency, after considering the recommendation 
of an accredited physician, the preference eligible is physically 
able to perform efficiently the duties of the position. 

This section does not apply to an appointment required by Congress 
to be confirmed by, or made with the advice and consent of, the Senate. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 427, amended Pub. L. 94-183, 
§ 2(5), Dec. 31, 1975, 89 Stat, 1057; Pub. L. 95^54, Oct. 13, 1978, 92 
Stat. 1224.) 

§ 3364. Repealed. Pub. L. 94-183; § 2(6), Dec. 31, 1975, 89 Stat. 1057. 



Sec. 3371 128 



SUBCHAPTER VI— ASSIGNMENTS TO AND FROM STATES 

§3371. Definitions 

For the purpose of this subchapter — 

(1) "State" means— 

(A) a State of the United States, the District of Colum- 
bia, the Commonwealth of Puerto Rico, the Trust Territory 
of the Pacific Islands, and a territory or possession of the 
United States; and 

(B) an instrumentality or authority of a State or States 
as defined in subparagraph (A) of this paragraph (1) and 
a Federal-State authority or instrumentality ; 

(2) "local government'' means — 

(A) any political subdivision, instrumentality, or author- 
ity of a State or States as defined in subparagraph (A) of 
paragraph (1) ; 

(B) any general or special purpose agency of such a 
political subdivision, instrumentality, or authority; and 

(C) any Indian tribe, band, nation, or other organized 
group or community, including any Alaska Native village as 
defined in the Alaska Native Claims Settlement Act (85 Stat. 
688), which is recognized as eligible for the special programs 
and services provided by the United States to Indians because 
of their status as Indians and includes any tribal organization 
as defined in section 4(c) of the Indian Self -Determination 
and Education Assistance Act ; 

(3) "Federal agency" means an Executive agency, military 
department, a court of the United States, the Administrative 
Office of the United States Courts, the Library of Congress, the 
Botanic Garden, the Government Printing Office, the Congres- 
sional Budget Office, the United States Postal Service, the Postal 
Rate Commission, the Office of the Architect of the Capitol, the 
Office of Technology Assessment, and such other similar agencies 
of the legislative and judicial branches as determined appropriate 
by the Office of Personnel Management ; and 

(4) "other organization" means — 

(A) a national, regional, State-wide, area-wide, or metro- 
politan organization representing member State or local 
governments; 

(B) an association of State or local public officials; or 
(C^ a nonprofit organization which has as one of its prin- 
cipal Timet ions < he offering of professional advisory, research, 
educational, or development services, or related services, to 
governments or universities concerned with public manage- 
ment. 



129 Sec. 3372 

(Added Pub. L. 91-648, § 402(a), Jan. 5, 1971, 84 Stat. 1920; amended 
Pub. L. 93-638, § 105(a), Jan. 4, 1975, 88 Stat. 2208; Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1189.) 

§3372. General provisions 

(a) On request from or with the concurrence of a State or local 
government, and with the consent of the employee concerned, the 
head of a Federal agency may arrange for the assignment of — 

(1) an employee of his agency, other than a noncareer ap- 
pointee, limited term appointee, or limited emergency appointee 
(as such terms are defined in section 3132(a) of this title) in the 
Senior Executive Service and an employee in a position which 
has been excepted from the competitive service by reason of its 
confidential, policy-determining, policy-making, or policy-ad- 
vocating character, to a State or local government ; and 

(2) an employee of a State or local government to his agency; 
for work of mutual concern to his agency and the State or local 
government that he determines will be beneficial to both. The 
period of an assignment under this subchapter may not exceed 
two years. However, the head of a Federal agency may extend 
the period of assignment for not more than two additional years. 

(b) This subchapter is authority for and applies to the assign- 
ment of — 

(1) an employee of a Federal agency to an institution of higher 
education ; 

(2) an employee of an institution of higher education to a Fed- 
eral agency ; 

(3) an employee of a Federal agency to any other organiza- 
tion; and 

(4) an employee of an 1 other organization to a Federal agency. 

(c) (1) An employee of a Federal agency may be assigned under 
this subchapter only if the employee agrees, as a condition of accepting 
an assignment under this subchapter, to serve in the civil service upon 
the completion of the assignment for a period equal to the length of the 
assignment. 

(2) Each agreement required under paragraph (1) of this subsec- 
tion shall provide that in the event the employee fails to carry out the 
agreement (except for good and sufficient reason, as determined by the 
head of the Federal agency from which assigned) the employee shall 
be liable to the United States for payment of all expenses (excluding 
salary) of the assignment. The amount shall be treated as a debt due 
the United States. (Added, Pub. L. 91-468, § 402(a), Jan. 5, 1971, 
84 Stat. 1921; amended, Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1190.) 

§ 3373. Assignment of employees to State and local governments 

(a) An employee of a Federal agency assigned to a State or local 
government under this subchapter is deemed, during the assignment, 
to be either — 

(1) on detail to a regular work assignment in his agency; or 

(2) on leave without pay from his position in the agency. 

An employee assigned either on detail or on leave without pay re- 
mains an employee of his agency. The Federal Tort Claims Act and 

1 Should be "any." 



Sec. 3372 130 

any other Federal tort liability statute apply to an employee so as- 
signed. The supervision of the duties of an employee on detail may 
be governed by agreement between the Federal agency and the State 
or local government concerned. 

(b) The assignment of an employee of a Federal agency either on 
detail or on leave without pay to a State or local government under 
this subchapter may be made with or without reimbursement by the 
State or local government for the travel and transportation expenses 
to or from the place of assignment and for the pay, or supplemental 
pay, or a part thereof, of the employee during assignment. Any re- 
imbursements shall be credited to the appropriation of the Federal 
agency used for paying the travel and transportation expenses or pay. 

(c) For any employee so assigned and on leave without pay — 

(1) if the rate of pay for his employment by the State or local 
government is less than the rate of pay he would have received 
had he continued in his regular assignment in the agency, he is 
entitled to receive supplemental pay from the agency in an 
amount equal to the difference between the State or local govern- 
ment rate and the agency rate ; 

(2) he is entitled to annual and sick leave to the same extent 
as if he had continued in his regular assignment in the agency ; 
and 

(3) he is entitled, notwithstanding other statutes — 

(A) to continuation of his insurance under chapter 87 of 
this title, and coverage under chapter 89 of this title or other 
applicable authority, so long as he pays currently into the 
Employee's Life Insurance Fund and the Employee's Health 
Benefits Fund or other applicable health benefits system 
(through his employing agency) the amount of the employee 
contributions ; 

(B) to credit the period of his assignment under this sub- 
chapter toward periodic step-increases, retention, and leave 
accrual purposes, and, on payment into the Civil Service 
Retirement and Disability Fund or other applicable retire- 
ment system of the percentage of his State or local govern- 
ment pay, and of his supplemental pay, if any, that would 
have been deducted from a like agency pay for the period of 
the assignment and payment by the Federal agency into the 
fund or system of the amount that would have been payable 
by the agency during the period of the assignment with re- 
spect to a like agency pay, to treat his service during that 
period as service of the type performed in the agency im- 
mediately before his assignment ; and 

(C) for the purpose of subchapter I of chapter 85 of 
this title, to credit the service performed during the period 
of his assignment under this subchapter as Federal service, 
and to consider his State or local government pay (and his 
supplemental pay, if any) as Federal wages. To the extent 
that the service could also be the basis for entitlement to 
unemployment compensation under a State law, the em- 
ployee may elect to claim unemployment compensation on 
the basis of the service under either the State law or sub- 
chapter I of chapter 85 of this title. 



131 Sec. 3374 

However, an employee or his beneficiary may not receive benefits 
referred to in subparagraphs (A) and (B) of this paragraph (3), 
based on service during an assignment under this subchapter for 
which the employee or, if he dies without making such an election, 
his beneficiary elects to receive benefits, under any State or local 
government retirement or insurance law or program, which the Office 
of Personnel Management determines to be similar. The Federal agency 
shall deposit currently in the Employee's Life Insurance Fund, the 
Employee's Health Benefits Fund or other applicable health benefits 
system, respectively, the amount of the Government's contributions 
on account of service with respect to which employee contributions 
are collected as provided in subparagraphs (A) and (B) of this 
paragraph (3). 

(d) (1) An employee so assigned and on leave without pay who dies 
or suffers disability as a result of personal injury sustained while in 
the performance of his duty during an assignment under this sub- 
chapter shall be treated, for the purpose of subchapter I of chapter 81 
of this title, as though he were an employee as defined by section 8101 
of this title who had sustained the injury in the performance of duty. 
When an employee (or his dependents in case of death) entitled by 
reason of injury or death to benefits under supchapter I of chapter 81 
of this title is also entitled to benefits from a State or local government 
for the same injury or death, he (or his dependents in case of death) 
shall elect which benefits he will receive. The election shall be made 
within one year after the injury or death, or such further time as the 
Secretary of Labor may allow for reasonable cause shown. When 
made, the election is irrevocable unless otherwise provided by law. 

(2) An employee who elects to receive benefits from a State or local 
government may not receive an annuity under subchapter III of chap- 
ter 83 of this title and benefits from the State or local government for 
injury or disability to himself covering the same period of time. This 
provision does not — 

(A) bar the right of a claimant to the greater benefit conferred 
by either the State or local government or subchapter III of 
chapter 83 of this title for any part of the same period of time; 

(B) deny to an employee an annuity accruing to him under 
subchapter III of chapter 83 of this title on account of service 
performed by him ; or 

(C) deny any concurrent benefit to him from the State or local 
government on account of the death of another individual. (Added 
Pub. L. 91-648, § 402(a), Jan. 5, 1971, 84 Stat. 1921; amended 
Pub. L. 95-454, Oct, 13, 1978, 92 Stat. 1190 and 1224.) 

§ 3374. Assignments of employees from State or local governments 

(a) An employee of a State or local government who is assigned to 
a Federal agency under an arrangement under this subchapter may — 

(1) be appointed in the Federal agency without regard to the 
provisions of this title governing appointment in the competitive 
sendee for the agreed period of the assignment ; or 

(2) be deemed on detail to the Federal agency. 

(b) An employee given an appointment is entitled to pay in accord- 
ance with chapter 51 and subchapter III of chapter 53 of this title or 
other applicable law, and is deemed an employee of the Federal agency 
for all purposes except — 



Sec. 3374 132 

(1) subchapter III of chapter 83 of this title or other applicable 
retirement system ; 

( 2 ) chapter 87 of this title ; and 

(3) chapter 89 of this title or other applicable health benefits 
system unless his appointment results in the loss of coverage in 
a group health benefits plan the premium of which has been paid 
in whole or in part by a State or local government contribution. 

The above exceptions shall not apply to non-Federal employees who 
are covered by chapters 83, 87, and 89 of this title by virtue of their 
non-Federal employment immediately before assignment and appoint- 
ment under this section. 

(c) During the period of assignment, a State or local government 
employee on detail to a Federal agency — 

(1) is not entitled to pay from the agency, except to the extent 
that the pay received from the State or local government is less 
than the appropriate rate of pay which the duties would warrant 
under the applicable pay provisions of this title or other appli- 
cable authority ; 

(2) is deemed an employee of the agency for the purpose of 
chapter 73 of this title, sections 203, 205, 207, 208, 209, 602, 603, 
606, 607, 643, 654, 1905, and 1913 of title 18, section 638a of title 31, 
and the Federal Tort Claims Act and any other Federal tort 
liability statute ; and 

(3) is subject to such regulations as the President may pre- 
scribe, or for the contribution of the State or local government, 
or a part thereof, to employee benefit systems. 

The supervision of the duties of such an employee may be governed 
by agreement between the Federal agency and the State or local gov- 
ernment concerned. A detail of a State or local government employee 
to a Federal agency may be made with or without reimbursement by 
the Federal agency for the pay, or a part thereof, of the employee 
during the period of assignment. 

(d) A State or local government employee who is given an appoint- 
ment in a Federal agency for the period of the assignment or who 
is on detail to a Federal agency and who suffers disability or dies 
as a result of personal injury sustained while in the performance of 
his duty during the assignment shall be treated, for the purpose of 
subchapter I of chapter 81 of this title, as though he were an employee 
as defined by section 8101 of this title who had sustained the injury 
in the performance of duty. When an employee (or his dependents in 
case of death) entitled by reason of injury or death to benefits under 
subchapter I of chapter 81 of this title is also entitled to benefits from 
a State or local government for the same injury or death, he (or his 
dependents in case of death) shall elect which benefits he will receive. 
The election shall be made within 1 year after the injury or death, or 
such further time as the Secretary of Labor may allow for reasonable 
cause shown. When made, the election is irrevocable unless otherwise 
provided by law. 

(e) If a State or local government fails to continue the employer's 
contribution to State or local government retirement, life insurance, 



133 Sec. 3375 

and health benefit plans for a State or local government employee who 
is given an appointment in a Federal agency, the employer's contri- 
butions covering the State or local government employee's period of 
assignment, or any part thereof, may be made from the appropria- 
tions of the Federal agencv concerned. (Added Pub. L. 91-648, § 402 
(a), Jan. 5, 1971, 84 Stat. 1923; amended Pub. L. 95-454, Oct. 13, 1978, 
92 Stat, 1190.) 

§3375. Travel expenses 

(a) Appropriations of a Federal agency are available to pay, 
or reimburse, a Federal or State or local government employee in 
accordance with — 

(1) subchapter I of chapter 57 of this title, for the expenses 
of— 

(A) travel, including a per diem allowance, to and from 
the assignment location ; 

(B) a per diem allowance at the assignment location dur- 
ing the period of the assignment ; and 

(C) travel, including a per diem allowance, while travel- 
ing on official business away from his designated post of duty 
during the assignment when the head of the Federal agency 
considers the travel in the interest of the United States; 

(2) section 5724 of this title, for the expenses of transportation 
of his immediate family and of his household goods and personal 
effects to and from the assignment location ; 

(3) section 5724a (a) (1) of this title, for the expenses of per 
diem allowances for the immediate family of the employee to 
and from the assignment location ; 

(4) section 5724a (a) (3) of this title, for subsistence expenses 
of the employee and his immediate family while occupying tem- 
porary quarters at the assignment location and on return to his 
former post of duty ; 

(5) section 5724a (b) of this title, to be used by the employee 
for miscellaneous expenses related to change of station where 
movement or storage of household goods is involved; and 

(6) section 5726(c) of this title, for the expenses of nontempo- 
rary storage of household goods and personal effects in connec- 
tion with assignment at an isolated location. 

(b) Expenses specified in subsection (a) of this section, other than 
those in paragraph (1) (C) , may not be allowed in connection with the 
assignment of a Federal or State or local government employee under 
this subchapter, unless and until the employee agrees in writing to 
complete the entire period of his assignment or 1 year, whichever is 
shorter, unless separated or reassigned for reasons beyond his control 
that are acceptable to the Federal agency concerned. If the employee 
violates the agreement, the money spent by the United States for 
these expenses is recoverable from the employee as a debt due the 
United States. The head of the Federal agency concerned may waive 
in whole or in part a right of recovery under this subsection with 
respect to a State or local government employee on assignment with 
the agency. 



Sec. 3376 



134 



(c) Appropriations of a Federal agency are available to pay ex- 
penses under section 5742 of this title with respect to a Federal or 
State or local government employee assigned under this subchapter. 
(Added Pub. L. 91-648, § 402(a). Jan. 5, 1971. 84 Stat. 1924; amended 
Pub. L. 95-^54, Oct. 13. 1978, 92 Stat. 1190.) 

§3876. Regulations 

The President may prescribe regulations for the administration of 
this subchapter. (Added Pub. L. 91-648, § 402(a), Jan. 5, 1971, 84 
Stat. 1925.) 






135 Sec. 3381 



SUBCHAPTER VII— AIR TRAFFIC CONTROLLERS 

§3381. Training 

(a) An air traffic controller with 5 years of service as a controller 
who is to be removed as a controller because the Secretary of Trans- 
portation has determined — 

(1) he is medically disqualified for duties as a controller; 

(2) he is unable to maintain technical proficiency as a con- 
troller; or 

(3) such removal is necessary for the preservation of the phys- 
ical or mental health of the controller; 

is entitled to not more than the full-time equivalent of 2 years of 
training. 

(b) During a period of training under this section, a controller 
shall be — 

(1) retained at his last assigned grade and rate of basic pay 
as a controller ; 

(2) entitled to each increase in rate of basic pay provided under 
law; and 

(3) excluded from staffing limitations otherwise applicable. 

(c) Upon completion of training under this section, a controller 
may be — 

(1) assigned to other duties in the Department of Transporta- 
tion; 

(2) released for transfer to another Executive agency ; or 

(3) involuntarily separated from the service. 

The involuntary separation of a controller under this subsection is 
not a removal for cause on charges of misconduct, delinquency, or 
inefficiency for purposes of section 5595 or section 8336 of this title. 

(d) The Secretary, without regard to section 529 of title 31, may 
pay, or reimburse a controller for, all or part of the necessary ex- 
penses of training provided under this section, including expenses 
authorized to be paid under chapter 41 and subchapter I of chapter 
57 of this title, and the costs of other services or facilities directly 
related to the training of a controller. 

(e) Except as provided by subsection (d) of this section, the pro- 
visions of chapter 41 of this title, other than sections 4105(a), 4107 
(a) and (b), and 4111, shall not apply to training under this section. 

(f) The provisions of this section shall not otherwise affect the 
authority of the Secretary to provide training under chapter 41 of 
this title or imder any other provision of law. (Added Pub. L. 92- 
297, § 3(a) , May 16, 1972, 86 Stat. 142.) 

§3382. Involuntary separation for retirement 

An air traffic controller who is eligible for immediate retirement 
under section 8336 of this title may be separated involuntarily from 



Sec. 3383 136 

the service if the Secretary of Transportation determines that the 
separation of the controller is necessary in the interest of — 

(1) aviation safety; 

(2) the efficient control of air traffic; or 

(3) the preservation of the physical or mental health of the 
controller. 

Chapter 75 of this title does not apply to a determination or action 
under this section. Separation under this section shall not become 
final, without the consent of the controller, until the last day of the 
second month following the day the controller receives a notification 
of the determination by the Secretary under this section, or, if a 
review is requested under section 3383 of this title, the last day of 
the month in which a final decision is issued by a board of review 
under section 3383(c) of this title, whichever is later. A controller 
who is to be separated under this section is entitled to training under 
under section 3381 of this title. Separation of such a controller who 
elects to receive training under section 3381 shall not become final 
until the last day of the month following the completion of his train- 
ing. (Added Pub. L. 92-297, § 3(a), May 16, 1972, 86 Stat. 142.) 

§ 3383. Determinations ; review procedures 

(a) An air traffic controller subject to a determination by the Sec- 
retary of Transportation under section 3381(a) or section 3382 of 
this title, shall be furnished a written notice of the determination 
and the reasons therefor, and a notification that the controller has 
15 days after the receipt of the notification within which to file a 
written request for reconsideration of the determination. Unless the 
controller files such a request within the 15 days, or unless the deter- 
mination is rescinded by the Secretary within the 15 days, the deter- 
mination shall be final. 

(b) If the Secretary does not rescind his determination within 15 
days after his receipt of the written request filed by the controller 
under subsection (a) of this section, the Secretary shall immediately 
convene a board of review, consisting of — 

( 1 ) a person designated by the controller ; 

(2) a representative of the Department of Transportation des- 
ignated by the Secretary ; and 

(3) a representative of the Merit Systems Protection Board, 
designated by the Chairman, who shall serve as chairman of the 
board of review. 

(c) The board of review shall review evidence supporting and in- 
consistent with the determination of the Secretary and, within a 
period of 30 days after being convened, shall issue its findings and 
furnish copies thereof to the Secretary and the controller. The board 
may approve or rescind the determination of the Secretary. A deci- 
sion by the board under this subsection is final. The Secretary shall 
take such action as may be necessary to carry out the decision of the 
board. 

(d) Except as provided under section 3382 of this title, the review 
procedure of this section is in addition to any other review or appeal 
procedures provided under any other provision of law, but is the sole 
and exclusive administrative remedy available to a controller within 



137 Sec. 3384 

the Department of Transportation. (Added Pub. L. 92-297 §3(a), 
May 16, 1972, 86 Stat. 143; amended Pub. L. 95-454, Oct. 13, 1978, 
92 Stat, 1225.) 

§3384. Regulations 

The Secretary of Transportation is authorized to issue regulations 
to carry out the provisions of this subchapter. (Added Pub. L. 92-297, 
§ 3, May 16, 1972, 86 Stat. 143.) 

§3385. Effect on other authority 

This subchapter shall not limit the authority of the Secretary of 
Transportation to reassign temporarily an air traffic controller to 
other duties with or without notice, in the interest of the safe or effi- 
cient separation and control of air traffic or the physical or mental 
health of a controller; or to reassign permanently or separate a con- 
troller under any other provision of law. (Added Pub. L. 92-297, § 3 
(a), May 16. 1972, 86 Stat. 143.) 



Sec. 3391 138 



SUBCHAPTER VIII— APPOINTMENT, REASSIGNMENT, 
TRANSFER, AND DEVELOPMENT IN THE SENIOR 
EXECUTIVE SERVICE' 

§3391. Definitions 

For the purpose of this subchapter, "agency", "Senior Executive 
Service position", "senior executive", "career appointee", "limited 
term appointee", "limited emergency appointee", "noncareer ap- 
pointee", and "general position" have the meanings set forth in section 
3132(a) of this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1161.) 

§ 3392. General appointment provisions 

(a) Qualification standards shall be established by the head of each 
agency for each Senior Executive Service position in the agency — 

(1) in accordance with requirements established by the Office 
of Personnel Management, with respect to standards for career 
reserved positions, and 

(2) after consultation with the Office, with respect to standards 
for general positions. 

(b) Not more than 30 percent of the Senior Executive Service posi- 
tions authorized under section 3133 of this title may at any time be 
filled by individuals who did not have 5 years of current continuous 
service in the civil service immediately preceding their initial appoint- 
ment to the Senior Executive Service, unless the President certifies to 
the Congress that the limitation would hinder the efficiency of the 
Government. In applying the preceding sentence, any break in service 
of 3 days or less shall be disregarded. 

(c) If a career appointee is appointed by the President, by and 
with the advice and consent of the Senate, to a civilian position in the 
executive branch which is not in the Senior Executive Service, and 
the rate of basic pay payable for which is equal to or greater than the 
rate payable for level V of the Executive Schedule, the career ap- 
pointee may elect (at such time and in such manner as the Office may 
prescribe) to continue to have the provisions of this title relating to 
basic pay, performance awards, awarding of ranks, severance pay, 
leave, and retirement apply as if the career appointee remained in the 
Senior Executive Service position from which he was appointed. Such 
provisions shall apply in lieu of the provisions which would otherwise 
apply— 

(1) to the extent provided under regulations prescribed by the 
Office, and 

(2) so long as the appointee continues to serve under such 
Presidential appointment. 

(d) Appointment or removal of a person to or from any Senior 
Executive Service position in an independent regulatory commission 
shall not be subject, directly or indirectly, to review or approval by 
any officer or entity within the Executive Office of the President. 
(Pub. L. 95-154, Oct. 13, 1978, 92 Stat. 1161.) 



139 Sec. 3393 



§3393. Career appointments 

(a) Each agency shall establish a recruitment program, in accord- 
ance with guidelines which shall be issued by the Office of Personnel 
Management, which provides for recruitment of career appointees 
from — 

(1) all groups of qualified individuals within the civil service; 
or 

(2) all groups of qualified individuals whether or not within 
the civil service. 

(b) Each agency shall establish one or more executive resources 
boards, as appropriate, the members of which shall be appointed by 
the head of the agency from among employees of the agency. The 
boards shall, in accordance with merit staffing requirements estab- 
lished by the Office, conduct the merit staffing process for career 
appointees, including — 

(1) reviewing the executive qualifications of each candidate 
for a position to be filled by a career appointee ; and 

(2) making written recommendations to the appropriate ap- 
pointing authority concerning such candidates. 

(c) (1) The Office shall establish one or more qualifications review 
boards, as appropriate. It is the function of the boards to certify the 
executive qualifications of candidates for initial appointment as career 
appointees in accordance with regulations prescribed by the Office. Of 
the members of each board more than one-half shall be appointed 
from among career appointees. Appointments to such boards shall be 
made on a non-partisan basis, the sole selection criterion being the 
professional knowledge of public management and knowledge of the 
appropriate occupational fields of the intended appointee. 

(2) The Office shall, in consultation with the various qualification 
review boards, prescribe criteria for establishing executive qualifica- 
tions for appointment of career appointees. The criteria shall provide 
for — 

(A) consideration of demonstrated executive experience; 

(B) consideration of successful participation in a career execu- 
tive development program which is approved by the Office ; and 

(C) sufficient flexibility to allow for the appointment of indi- 
viduals who have special or unique qualities which indicate a 
likelihood of executive success and who would not otherwise be 
eligible for appointment. 

(d) An individual's initial appointment as a career appointee shall 
become final only after the individual has served a 1-year probation- 
ary period as a career appointee. 

(e) Each career appointee shall meet the executive qualifications of 
the position to which appointed, as determined in writing by the 
appointing authority. 

(f ) The title of each career reserved position shall be published in 
the Federal Kegistcr. (Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1161.) 

§3394. Noncareer and limited appointments 

(a) Each noncareer appointee, limited term appointee, and limited 
emergency appointee shall meet the qualifications of the position to 
which appointed, as determined in writing by the appointing 
authority. 



Sec. 3395 140 

(b) An individual may not be appointed as a limited term ap- 
pointee or as a limited emergency appointee without the prior ap- 
proval of the exercise of such appointing authority by the Office of 
Personnel Management. (Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1162.) 

§ 3395. Reassignment and transfer within the Senior Executive 
Service 

(a) (1) A career appointee in an agency — 

(A) may, subject to paragraph (2) of this subsection, be reas- 
signed to any Senior Executive Service position in the same agency 
for which the appointee is qualified ; and 

(B) may transfer to a Senior Executive Service position in 
another agency for which the appointee is qualified, with the 
approval of the agency to which the appointee transfers. 

(2) A career appointee may be reassigned to any Senior Executive 
Service position only if the career appointee receives a written notice 
of the reassignment at least 15 days in advance of such reassignment. 

(b)(1) Notwithstanding section 3394(b) of this title, a limited 
emergency appointee may be reassigned to another Senior Executive 
Service position in the same agency established to meet a bona fide, 
unanticipated, urgent need, except that the appointee may not serve in 
one or more positions in such agency under such appointment in excess 
of 18 months. 

(2) Notwithstanding section 3394(b) of this title, a limited term 
appointee may be reassigned to another Senior Executive Service posi- 
tion in the same agency the duties of which will expire at the end of a 
term of 3 years or less, except that the appointee may not serve in one 
or more positions in the agency under such appointments in excess of 3 
years. 

(c) A limited term appointee or a limited emergency appointee may 
not be appointed to, or continue to hold, a position under such an 
appointment if, within the preceding 48 months, the individual has 
served more than 36 months, in the aggregate, under any combination 
of such types of appointment. 

(d) A noncareer appointee in an agency — 

(1) may be reassigned to any general position in the agency for 
which the appointee is qualified ; and 

(2) may transfer to a general position in another agency with 
the approval of the agency to which the appointee transfers. 

(e)(1) Except as provided in paragraph (2) of this subsection, a 
career appointee in an agency may not be involuntarily reassigned — 

(A) within 120 days after an appointment of the head of the 
agency ; or 

(B) within 120 days after the appointment in the agency of the 
career appointee's most immediate supervisor who — 

( i ) is a noncareer appointee ; and 

(ii) has the authority to reassign the career appointee. 
(2) Paragraph (1) of this subsection does not apply with respect 
to— 

(A) any reassignment under section 4314(b) (3) of this title; 
or 



141 Sec. 3396 

(B) any disciplinary action initiated before an appointment 
referred to in paragraph (1) of this subsection. 
(Pub. L. 95-^54, Oct. 13, 1978, 92 Stat. 1163.) 

§ 3396. Development for and within the Senior Executive Service 

(a) The Office of Personnel Management shall establish programs 
for the systematic development of candidates for the Senior Executive 
Service and for the continuing development of senior executives, or 
require agencies to establish such programs which meet criteria pre- 
scribed by the Office. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1163.) 

(b) The Office shall assist agencies in the establishment of programs 
required under subsection (a) of this section and shall monitor the 
implementation of the programs. If the Office finds that any agency's 
program under subsection (a) of this section is not in compliance with 
the criteria prescribed under such subsection, it shall require the agency 
to take such corrective action as may be necessary to bring the program 
into compliance with the criteria. 

(c) (1) The head of an agency may grant a sabbatical to any career 
appointee for not to exceed 11 months in order to permit the appointee 
to engage in study or uncompensated work experience which will con- 
tribute to the appointee's development and effectiveness. A sabbatical 
shall not result in loss of, or reduction in, pay, leave to which the 
career appointee is otherwise entitled, credit for time or service, or 
performance or efficiency rating. The head of the agency may authorize 
in accordance with chapter 57 of this title such travel expenses (includ- 
ing per diem allowances) as the head of the agency may determine to be 
essential for the study or experience. 

(2) A sabbatical under this subsection may not be granted to any 
career appointee — 

(A) more than once in any 10-year period; 

(B) unless the appointee has completed 7 years of service — 

(i) in one or more positions in the Senior Executive 
Service ; 

(ii) in one or more other positions in the civil service the 
level of duties and responsibilities of which are equivalent to 
the level of duties and responsibilities of positions in the Sen- 
ior Executive Service ; or 

(iii) in any combination of such positions, except that not 
less than 2 years of such 7 years of service must be in the 
Senior Executive Service ; and 

(C) if the appointee is eligible for voluntary retirement with 
a right to an immediate annuity under section 8336 of this title. 

Any period of assignment under section 3373 of this title, relating to 
assignments of employees to State and local governments, shall not be 
considered a period of service for the purpose of subparagraph (B) of 
this paragraph. 

(3) (A) Any career appointee in an agency may be granted a sab- 
batical under this subsection only if the appointee agrees, as a con- 
dition of accepting the sabbatical, to serve in the civil service upon the 
completion of the sabbatical for a period of 2 consecutive years. 



35-550 O - 79 



Sec. 3397 142 

(B) Each agreement required under subparagraph (A) of this 
paragraph shall provide that in the event the career appointee fails to 
carry out the agreement (except for good and sufficient reason as deter- 
mined by the head of the agency who granted the sabbatical) the 
appointee shall be liable to the United States for payment of all 
expenses (including salary) of the sabbatical. The amount shall be 
treated as a debt due the United States. 

(d) The Office shall encourage and assist individuals to improve 
their skills and increase their contribution by service in a variety of 
agencies as well as by accepting temporary placements in State or 
local governments or in the private sector. (Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1163.) 

§ 3397. Regulations 

The Office of Personnel Management shall prescribe regulations to 
carry out the purpose of this subchapter. (Pub. L. 95^54, Oct. 13, 1978, 
92 Stat. 1164.) 



143 Sec. 3401 



CHAPTER 34— PART-TIME CAREER EMPLOYMENT 
OPPORTUNITIES 

Sec. 

3401. Definitions. 

3402. Establishment of part-time career employment programs. 

3403. Limitations. 

3404. Personnel ceilings. 

3405. Nonapplicability. 

3406. Regulations. 

3407. Reports. 

3408. Employee organization representation. 

§ 3401. Definitions 

For the purpose of this chapter — 

(1) "agency" means — 

(A) an Executive agency ; 

(B) a military department; 

(C) an agency in the judicial branch; 

(D) the Library of Congress ; 

(E) the Botanic Garden ; and 

(F) the Office of the Architect of the Capitol ; but does not 
include — 

(i) a Government controlled corporation ; 

(ii) the Tennessee Valley Authority ; 

(iii) the Alaska Railroad ; 

(iv) the Virgin Island Corporation ; 

(v) the Panama Canal Company; 

(vi) the Federal Bureau of Investigation, Department 
of Justice; 

(vii) the Central Intelligence Agency ; and 

(viii) the National Security Agency, Department of 
Defense; and 

(2) "part-time career employment" means part-time employ- 
ment of 16 to 32 hours a week under a schedule consisting of an 
equal or varied number of hours per day, whether in a position 
which would be part-time without regard to this section or one 
established to allow job-sharing or comparable arrangements, but 
does not include emplovment on a temporary or intermittent basis. 

(Added Pub. L. 95-437, Oct. 10, 1978, 92 Stat. 1056; amended Pub. L. 
95-454, Oct. 13, 1978, 92 Stat. 1226.) 

§ 3402. Establishment of part-time career employment programs 

(a)(1) In order to promote part-time career employment oppor- 
tunities in all grade levels, the head of each agency, by regulation, shall 
establish and maintain a program for part-time career employment 
within such agency. Such regulations shall provide for — 

(A) the review of positions which, after such positions become 
vacant, may be filled on a part-time career employment basis 



Sec. 3403 144 

(including the establishment of criteria to be used in identifying 
such positions) ; 

(B) procedures and criteria to be used in connection with estab- 
lishing or converting positions for part-time career employment, 
subject to the limitations of section 3403 of this title; 

(C) annual goals for establishing or converting positions for 
part-time career employment, and a timetable setting forth interim 
and final deadlines for achieving such goals; 

(D) a continuing review and evaluation of the part-time career 
employment program established under such regulations ; and 

(E) procedures for notifying the public of vacant part-time 
positions in such agency, utilizing facilities and funds otherwise 
available to such agency for the dissemination of information. 

(2) The head of each agency shall provide for communication 
between, and coordination of the activities of, the individuals within 
such agency whose responsibilities relate to the part-time career 
employment program established within that agency. 

(3) Regulations established under paragraph (1) of this subsection 
may provide for such exceptions as may be necessary to carry out the 
mission of the agency. 

(b) (1) The Office of Personnel Management, by regulation, shall 
establish and maintain a program under which it shall, on the request 
of an agency, advise and assist such agency in the establishment and 
maintenance of its part-time career employment program under this 
chapter. 

(2) The Office shall conduct a research and demonstration program 
with respect to part-time career employment within the Federal 
Government. In particular, such program shall be directed to — 

(A) determining the extent to which part-time career employ- 
ment may be used in filling positions which have not traditionally 
been open for such employment on any extensive basis, such as 
supervisory, managerial, and professional positions; 

(B) determining the extent to which job-sharing arrangements 
mav be established for various occupations and positions; and 

(C) evaluating attitudes, benefits, costs, efficiency, and produc- 
tivity associated with part-time career employment, as well as its 
various sociological effects as a mode of employment. 

(Added Pub. L. 95-437, Oct. 10, 1978, 92 Stat. 1056; amended Pub. L. 
95^54, Oct. 13, 1978, 92 Stat. 1226.) 

§3403. Limitations 

(a) An agency shall not abolish any position occupied by an 
employee in order to make the duties of such position available to be 
performed on a part-time career employment basis. 

(b) Any person who is employed on a full-time basis in an agency 
shall not be required to accept part-time employment as a condition of 
continued employment, (Added Pub. L. 95-437, Oct. 10, 1978, 92 Stat. 
1056; amended Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1226 and 1227.) 

§3404. Personnel ceilings 

Tn administering any personnel ceiling applicable to an agency (or 
unit therein), an employee employed by such agency on a part-time 



145 Sec. 3405 

career employment basis shall be counted as a fraction which is deter- 
mined by dividing 40 hours into the average number of hours of such 
employee's regularly scheduled workweek. This section shall become 
effective on October 1, 1980. (Added Pub. L. 95-437, Oct. 10, 1978, 
92 Stat. 1056; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1226 and 
1227.) 
§ 3405. Nonapplicability 

(a) If, on the date of enactment of this chapter, there is in effect 
with respect to positions within an agency a collective-bargaining 
agreement which establishes the number of hours of employment a 
week, then this chapter shall not apply to those positions. 

(b) This chapter shall not require part-time career employment 
in positions the rate of basic pay for which is fixed at a rate equal to 
or greater than the minimum rate fixed for GS-16 of the General 
Schedule. (Added Pub. L. 95-437, Oct, 10, 1978, 92 Stat. 1056; 
amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1226 and 1227.) 

§3406. Regulations 

Before any regulation is prescribed under this chapter, a copy of the 
proposed regulation shall be published in the Federal Register and an 
opportunity provided to interested parties to present written comment 
and, where practicable, oral comment. Initial regulations shall be pre- 
scribed not later than 180 days after the date of the enactment of this 
chapter. (Added Pub. L. 95-437, Oct. 10, 1978, 92 Stat. 1056; amended 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat, 1226 and 1227.) 

§3407. Reports 

(a) Each agency shall prepare and transmit on a biannual basis a 
report to the Office of Personnel Management on its activities under 
this subchapter 1 including — 

(1) details on such agency's progress in meeting part-time 
career employment goals established under section 3402 of this 
title; and 

(2) an explanation of any impediments experienced by such 
agency in meeting such goals or in otherwise carrying out the pro- 
visions of this chapter, together with a statement of the measures 
taken to overcome such impediments. 

(b) The Office shall include in its annual report under seetion 1308 
of this title a statement of its activities under this chapter, and a de- 
scription and evaluation of the activities of agencies in carrying out 
the provisions of this chapter. (Added Pub. L. 95-437, Oct. 10, 1978, 
92 Stat, 1056; amended Pub. L. 95-454, Oct, 13, 1978, 92 Stat, 1226 and 
1227.) 

§ 3408. Employee organization representation 

If an employee organization has been accorded exclusive recog- 
nition with respect to a unit within an agency, then the employee or- 
ganization shall be entitled to represent all employees within that unit 
employed on a part-time career employment basis. (Added Pub. L. 
95^37, Oct. 10, 1978, 92 Stat. 1056; amended Pub. L. 95-454, Oct. 13, 
1978, 92 Stat, 1226 and 1227.) 



1 Should be "chapter.' 



CHAPTER 35— RETENTION PREFERENCE, RESTORATION, 
AND REEMPLOYMENT 

SUBCHAPTER I— RETENTION PREFERENCE 
Sec. 

3501. Definitions; application. 

3502. Order of retention. 

3503. Transfer of functions. 

3504. Preference eligible ; retention ; physical qualifications ; waiver. 

SUBCHAPTER II— RESTORATION AFTER ACTIVE DUTY OR 
TRAINING DUTY 

3551. Restoration ; Reserves and National Guardsmen. 

SUBCHAPTER III— REINSTATEMENT OR RESTORATION AFTER 
SUSPENSION OR REMOVAL FOR NATIONAL SECURITY 

3571. Reinstatement or restoration ; individual suspended or removed for na- 
tional security. 

SUBCHAPTER IV— REEMPLOYMENT AFTER SERVICE WITH AN INTER- 
NATIONAL ORGANIZATION 

3581. Definitions. 

3582. Rights of transferring employees. 

3583. Computations. 

3584. Regulations. 

SUBCHAPTER V— REMOVAL, REINSTATEMENT, AND GUARANTEED 
PLACEMENT IN THE SENIOR EXECUTIVE SERVICE 

3591. Definitions. 

3592. Removal from the Senior Executive Service. 

3593. Reinstatement in the Senior Executive Service. 

3594. Guaranteed placement in other personnel systems. 

3595. Regulations. 

(147) 



Sec. 3501 148 



SUBCHAPTER I— RETENTION PREFERENCE 

§3501. Definitions; application 

(a) For the purpose of this subchapter, except section 3504 — 

(1) "active service" has the meaning given it by section 101 of 
title 37; 

(2) "a retired member of a uniformed service" means a member 
or former member of a uniformed service who is entitled, under 
statute, to retired, retirement, or retainer pay on account of his 
service as such a member ; and 

(3) a preference eligible employee who is a retired member of 
a uniformed service is considered a preference eligible only if — 

( A ) his retirement was based on disability — 

(i) resulting from injury or disease received in line 
of duty as a direct result of armed conflict ; or 

(ii) caused by an instrumentality of war and incurred 
in the line of duty during a period of war as defined by 
sections 101 and 301 of title 38 ; 

(B) his service does not include twenty or more years of 
full-time active service, regardless of when performed but 
not including periods of active duty for training; or 

(C) on November 30, 1964, he was employed in a position to 
which this subchapter applies and thereafter he continued to 
be so employed without a break in service of more than 30 
days. 

(b) Except as otherwise provided by this subsection and section 
3504 of this title, this subchapter applies to each employee in or under 
an Executive agency. This subchapter does not apply to an employee 
whose appointment is required by Congress to be confirmed by, or 
made with the advice and consent of, the Senate or to a member of 
the Senior Executive Service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
428, amended Pub. L. 94-183, §2(8), Dec. 31, 1975, 89 Stat. 1057; 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1165.) 

§3502. Order of retention 

(a) The Office of Personnel Management shall prescribe regula- 
tions for the release of competing employees in a reduction in force 
which gives due effect to — 

(1) tenure of employment; 

(2) military preference subject to section 3501(a)(3) of this 
title ; 

( 3 ) length of service ; and 

(4) efficiency or performance ratings. 

In computing length of service, a competing employee — 



149 Sec. 3503 

(A) who is not a retired member of a uniformed service is en- 
titled to credit for the total length of time in active service in 
the armed forces ; 

(B) who is a retired member of a uniformed service is entitled 
to credit for — 

(i) the length of time in active service in the armed forces 
during a war, or in a campaign or expedition for which a 
campaign badge has been authorized ; or 

(ii) the total length of time in active service in the armed 
forces if he is included under section 3501(a) (3) (A), (B), 
or (C) of this title; and 

(C) who is an employee in or under the Department of Agri- 
culture is entitled to credit for service rendered as an employee 
of a county committee established pursuant to section 590h(b) of 
title 16, or of a committee or an association of producers described 
in section 610(b) of title 7. 

(b) A preference eligible described in section 2108(3) (C) of this 
title who has a compensable service-connected disability of 30 percent 
or more and whose performance has not been rated unacceptable under 
a performance appraisal system implemented under chapter 43 of this 
title is entitled to be retained in preference to other preference eligibles. 

(c) An employee who is entitled to retention preference and whose 
performance has not been rated unacceptable under a performance 
appraisal system implemented under chapter 43 of this title is entitled 
to be retained in preference to other competing employees. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat, 428, amended Pub. L. 90-367, § 3, June 29, 
1968, 82 Stat. 278 ; Pub. L. 90-623, § 1 (23) , Oct, 22, 1968, 82 Stat. 1313 ; 
Pub. L. 95^54, Oct. 13, 1978, 92 Stat, 1149 and 1224.) 

§3503. Transfer of functions 

(a) When a function is transferred from one agency to another, 
each competing employee in the function shall be transferred to the 
receiving agency for employment in a position for which he is quali- 
fied before the receiving agency may make an appointment from an- 
other source to that position. 

(b) When one agency is replaced by another, each competing em- 
ployee in the agency to be replaced shall be transferred to the replac- 
ing agency for employment in a position for which he is qualified 
before the replacing agency may make an appointment from another 
source to that position. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1149 and 1224.) 

§3504. Preference eligibles; retention; physical qualifications; 
waiver 

(a) In determining qualifications of a preference eligible for re- 
tention in a position in the competitive service, an Executive agency, 
or the government of the District of Columbia, the Office of Per- 
sonnel Management or other examining agency shall waive — 

(1) requirements as to age, height, and weight, unless the re- 
quirement is essential to the performance of the duties of the posi- 
tion; and 



Sec. 3504 150 

(2) physical requirements if, in the opinion of the Office or 
other examining agency, after considering the recommendation 
of an accredited physician, the preference eligible is physically 
able to perform efficiently the duties of the position, 
(b) If an examining agency determines that, on the basis of evi- 
dence before it, a preference eligible described in section 2108(3) (C) 
of this title who has a compensable service-connected disability of 30 
percent or more is not able to fulfill the physical requirements of the 
position, the examining agency shall notify the Office of the determina- 
tion and, at the same time, the examining agency shall notify the 
perference eligible of the reasons for the determination and of the 
right to respond, within 15 days of the date of the notification, to the 
Office. The Office shall require a demonstration by the appointing 
authority that the notification was timely sent to the preference eli- 
gible's last known address and shall, before the selection of any other 
person for the position, make a final determination on the physical 
ability of the preference eligible to perform the duties of the position, 
taking into account any additional information provided in the 
response. When the Office has completed its review of the proposed 
disqualification on the basis of physical disability, it shall send its 
findings to the appointing authority and the preference eligible. The 
appointing authority shall comply with the findings of the Office. The 
functions of the Office under this subsection may not be delegated. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1149 and 1224.) 



151 Sec. 3551 



SUBCHAPTER II— RESTORATION AFTER ACTIVE 
DUTY OR TRAINING DUTY 

§ 3551. Restoration ; Reserves and National Guardsmen 

An employee as denned by section 2105 of this title or an individual 
employed by the government of the District of Columbia, permanent 
or temporary indefinite, who is ordered to active duty or to duty under 
sections 502-505 of title 32 as a Reserve of the armed forces or member 
of the National Guard is entitled, on release from duty within the 
time limits specified in section 9(g) of the Military Selective Service 
Act of 1967 (50 U.S.C. App. 459(g)), to be restored to the position 
held by him when ordered to duty. However, a Reserve or member of 
the National Guard who leaves a position for which the salary is dis- 
bursed by the Secretary of the Senate or the Clerk of the House of 
Representatives is entitled on release from active duty to be restored 
only under the provisions of section 459 of title 50, appendix, United 
States Code. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429, amended 
Pub. L. 90-491, § 2, Aug. 17, 1968, 82 Stat. 791.) 



Sec. 3571 152 



SUBCHAPTER III— REINSTATEMENT OR RESTORATION 
AFTER SUSPENSION OR REMOVAL FOR NATIONAL 
SECURITY 

§3571. Reinstatement or restoration; individuals suspended or 
removed for national security 

An individual suspended or removed under section 7532 of this title 
may be restored to duty in the discretion of the head of the agency 
concerned. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429.) 



153 Sec. 3581 



SUBCHAPTER IV— REEMPLOYMENT AFTER SERVICE 
WITH AN INTERNATIONAL ORGANIZATION 

§3581. Definitions 

For the purpose of this subchapter — 

(1) "agency" means — 

(A) an Executive agency ; 

(B) a military department; and 

(C) an employing authority in the legislative branch ; 

(2) "employee" means an employee in or under an agency ; 

(3) "international organization" means a public international 
organization or international-organization preparatory commis- 
sion in which the Government of the United States participates; 

(4) "transfer" means the change of position by an employee 
from an agency to an international organization ; and 

(5) "reemployment" means — 

(A) the reemployment of an employee under section 3582 
(b) of this title; or 

( B ) the reemployment of a Congressional employee within 
90 days from his separation from an international organiza- 
tion ; 

following a term of employment not extending beyond the period 

named by the head of the agency at the time of consent to transfer 

or, in the absence of a named period, not extending beyond the 

first 5 consecutive years, or any extension thereof, after entering 

the emplov of the international organization. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429, amended Pub. L. 91-175, 

§ 502(b), Dec. 30, 1969, 83 Stat. 825; Pub. L. 94-183, § 2(9), Dec. 31, 

1975, 89 Stat. 1057.) 

§3582. Rights of transferring employees 

(a) An employee serving under an appointment not limited to 1 
year or less who transfers to an international organization with the 
consent of the head of his agency is entitled — 

(1) to retain coverage, rights, and benefits under any system 
established by law for the retirement of employees, if necessary 
employee deductions and agency contributions in payment for 
the coverage, rights, and benefits for the period of employment 
with the international organization are currently deposited in 
the system's fund or depository; and the period during which 
coverage, rights, and benefits are retained under this paragraph is 
deemed creditable service under the system, except that such serv- 
ice shall not be considered creditable service for the purpose of any 
retirement system for transferring personnel, if such service forms 
the basis, in whole or in part, for an annuity or pension under the 
retirement system of the international organization ; 

(2) to retain coverage, rights, and benefits under chapters 87 
and 89 of this title, if necessary employee deductions and agency 



Sec. 3582 154 

contributions in payment for the coverage, rights, and benefits 
for the period of employment with the international organization 
are currently deposited in the Employees' Life Insurance Fund 
and the Employees' Health Benefits Fund, as applicable, and 
the period during which coverage, rights, and benefits are retained 
under this paragraph is deemed service as an employee under 
chapters 87 and 89 of this title ; 

(3) to retain coverage, rights, and benefits under subchapter I 
of chapter 81 of this title, and for this purpose his employment 
with the international organization is deemed employment by the 
United States, but if he or his dependents receive from the inter- 
national organization a payment, allowance, gratuity, payment 
under an insurance policy for which the premium is wholly paid 
by the international organization or other benefit of any kind on 
account of the same injury or death, the amount thereof is credited 
against disability or death compensation, as the case may be, pay- 
able under subchapter I of chapter 81 of this title ; and 

(4) to elect to retain to his credit all accumulated and current 
accrued annual leave to which entitled at the time of transfer 
which would otherwise be liquidated by a lump-sum payment. On 
his request at any time before reemployment, he shall be paid for 
the annual leave retained. If he receives a lump-sum payment and 
is reemployed within 6 months after transfer, he shall refund to 
the agency the amount of the lump-sum payment. This paragraph 
does not operate to cause a forfeiture of retained annual leave 
following reemployment or to deprive an employee of a lump-sum 
payment to which he would otherwise be entitled. 

(b) An employee entitled to the benefits of subsection (a) of this 
section is entitled to be reemployed within 30 days of his application 
for reemployment in his former position or a position of like seniority, 
status, and pay in the agency from which he transferred, if — 

(1) he is separated from the international organization within 
5 years, or any extension thereof, after entering on duty with the 
international organization or within such shorter period as may 
be named by the head of the agency at the time of consent to 
transfer; and 

(2) he applies for reemployment not later than 90 days after 
the separation. 

On reemployment, he is entitled to the rate of basic pay to which he 
would be entitled had he remained in the civil service. On reemploy- 
ment, the agency shall restore his sick leave account, by credit or 
charge, to its status at the time of transfer. The period of separation 
caused by his employment with the international organization and 
the period necessary to effect reemployment are deemed creditable 
service for all appropriate civil service employment purposes. On re- 
employment, he is entitled to be paid, under such regulations as the 
President may prescribe and from appropriations or funds of the 
agency from which transferred, an amount equal to the difference be- 
tween the pay, allowances, post differential, and other monetary bene- 
fits paid by the international organization and the pay, allowances, 
post differential, and other monetary benefits that would have been 
paid by the agency had he been detailed to the international organiza- 






155 Sec. 3583 

tion under section 3343 of this title. Such a payment shall be made to 
an employee who is unable to exercise his reemployment right because 
of disability incurred while on transfer to an international organiza- 
tion under this subchapter and, in the case of any employee who dies 
while on such a transfer or during the period after separation from the 
international organization in which he is properly exercising or could 
exercise his reemployment right, in accordance with subchapter VIII 
of chapter 55 of this title. This subsection does not apply to a con- 
gressional employee nor may any payment provided for in the preced- 
ing two sentences of this subsection be based on a period of employment 
with an international organization occurring before the first day of 
the first pay period which begins after December 29, 1969. 

(c) This section applies only with respect to so much of a period 
of employment with an international organization as does not exceed 
5 years, or any extension thereof, or such shorter period named by the 
head of the agency at the time of consent to transfer, except that for 
retirement and insurance purposes this section continues to apply 
during the period after separation from the international organization 
in which — 

(1) an employee, except a Congressional employee, is properly 
exercising or could exercise the reemployment right established 
by subsection (b) of this section ; or 

(2) a Congressional employee is effecting or could effect a 
reemployment. 

During that reemployment period, the employee is deemed on leave 
without pay for retirement and insurance purposes. 

(d) During the employee's period of service with the international 
organization, the agency from which the employee is transferred shall 
make contributions for retirement and insurance purposes from the 
appropriations or funds of that agency so long as contributions are 
made by the employee. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 430, 
amended Pub. L. 91-175, § 502, Dec. 30, 1969, 83 Stat. 825 ; Pub. L. 94- 
183, § 2(10), Dec. 31, 1975, 89 Stat. 1057.) 

§3583. Computations 

A computation under this subchapter before reemployment is made 
in the same manner as if the employee had received basic pay, or basic 
pay plus additional pay in the case of a Congressional employee, at 
the rate at which it would have been payable had the employee con- 
tinued in the position in which he was serving at the time of transfer. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 431.) 

§3584. Regulations 

The President may prescribe regulations necessary to carry out this 
subchapter and section 3343 of this title and to protect and assure 
the retirement, insurance, leave, and reemployment rights and such 
other similar civil service employment rights as he finds appropriate. 
The regulations may provide for the exclusion of employees from the 
application of this subchapter and section 3343 of this title on the 
basis of the nature and type of employment including excepted ap- 
pointments of a confidential or policy-determining character, or con- 
ditions pertaining to the employment including short-term appoint- 
ments, seasonal or intermittent employment, and part-time 
employment. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 431.) 



Sec. 3591 156 



SUBCHAPTER V— REMOVAL, REINSTATEMENT, AND 
GUARANTEED PLACEMENT IN THE SENIOR EXECU- 
TIVE SERVICE 

§ 3591. Definitions 

For the purpose of this subchapter, "agency", "Senior Executive 
Service position", "senior executive", "career appointee", "limited term 
appointee", "limited emergency appointee", "noncareer appointee", 
and "general position" have the meanings set forth in section 3132(a) 
of this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1155.) 

§ 3592. Removal from the Senior Executive Service 

(a) Except as provided in subsection (b) of this section, a career 
appointee may be removed from the Senior Executive Service to a civil 
service position outside of the Senior Executive Service — 

(1) during the 1-year period of probation under section 3393 
(d) of this title, or 

(2) at any time for less than fully successful executive per- 
formance as determined under subchapter II of chapter 43 of this 
title, 

except that in the case of a removal under paragraph (2) of this sub- 
section the career appointee shall, at least 15 days before the removal, 
be entitled, upon request, to an informal hearing before an official 
designated by the Merit Systems Protection Board at which the 
career appointee may appear and present arguments, but such hearing 
shall not give the career appointee the right to initiate an action with 
the Board under section 7701 of this title, nor need the removal action 
be delayed as a result of the granting of such hearing. 

(b) (1) Except as provided in paragraph (2) of this subsection, a 
career appointee in an agency may not be involuntarily removed — 

(A) within 120 days after an appointment of the head of the 
agency ; or 

(B) within 120 days after the apointment in the agency of the 
career appointee's most immediate supervisor who — 

(i) is a noncareer appointee ; and 
(ii) has the authority to remove the career appointee. 
(2) Paragraph (1) of this subsection does not apply with respect 
to— 

(A) any removal under section 4314(b)(3) of this title; or 

(B) any disciplinarv action initiated before an appointment 
referred to in paragraph (1) of this subsection. 

(c) A limited emergency appointee, limited term appointee, or 
noncareer appointee may be removed from the service at any time. 
(Pub. L. 95-454, Oct. 13,1978, 92 Stat, 1166.) 



157 Sec. 3593 

§ 3593. Reinstatement in the Senior Executive Service 

(a) A former career appointee may be reinstated, without regard 
to section 3393 (b) and (c) of this title, to any Senior Executive Serv- 
ice position for which the appointee is qualified if — 

(1) the appointee has successfully completed the probationary 
period established under section 3393(d) of this title; and 

(2) the appointee left the Senior Executive Service for reasons 
other than misconduct, neglect of duty, malfeasance, or less than 
fully successful executive performance as determined under sub- 
chapter II of chapter 43 of this title. 

(b) A career appointee who is appointed by the President to any 
civil service position outside the Senior Executive Service and who 
leaves the position for reasons other than misconduct, neglect of duty, 
or malfeasance shall be entitled to be placed in the Senior Executive 
Service if the appointee applies to the Office of Personnel Management 
within 90 days after separation from the Presidential appointment. 
(Pub. L. 95^54, Oct, 13, 1978, 92 Stat, 1166.) 

§3594. Guaranteed placement in other personnel systems 

(a) A career appointee who was appointed from a civil service 
position held under a career or career-conditional appointment (or an 
appointment of equivalent tenure, as determined by the Office of Per- 
sonnel Management) and who, for reasons other than misconduct, 
neglect of duty, or malfeasance, is removed from the Senior Executive 
Service during the probationary period under section 3393(d) of this 
title, shall be entitled to be placed in a civil service position (other than 
a Senior Executive Service position) in any agency. 

(b) A career appointee — 

(1) who has completed the probationary period under section 
3393(d) of this title; and 

(2) who is removed from the Senior Executive Service for less 
than fully successful executive performance as determined under 
subchapter II of chapter 43 of this title ; 

shall be entitled to be placed in a civil service position (other than a 
Senior Executive Service position) in any agency. 

(c)(1) For purposes of subsections (a) and (b) of this section — 

(A) the position in which any career appointee is placed under 
such subsections shall be a continuing position at GS-15 or above 
of the General Schedule, or an equivalent position, and, in the case 
of a career appointee referred to in subsection (a) of this section, 
the career appointee shall be entitled to an appointment of a ten- 
ure equivalent to the tenure of the appointment held in the posi- 
tion from which the career appointee was appointed ; 

(B) any career appointee placed under subsection (a) or (b) 
of this section shall be entitled to receive basic pay at the highest 
of — 

(i) the rate of basic pay in effect for the position in which 
placed ; 

(ii) the rate of basic pay in effect at the time of the place- 
ment for the position the career appointee in the civil service 
immediately before being appointed to the Senior Executive 
Service ; or 



35-550 O - 79 - 12 



Sec. 3595 



158 



(iii) the rate of basic pay in effect for the career appointee 
immediately before being placed under subsection (a) or (b) 
of this section ; and 
(C) the placement of any career appointee under subsection 
(a) or (b) of this section may not be made to a position which 
would cause the separation or reduction in grade of any other 
employee. 
(2) An employee who is receiving basic pay under paragraph (1) 
(B) (ii) or (iii) of this subsection is entitled to have the basic pay 
rate of the employee increased by 50 percent of the amount of each 
increase in the maximum rate of basic pay for the grade of the posi- 
tion in which the employee is placed under subsection (a) or (b) of 
this section until the rate is equal to the rate in effect under paragraph 
(1) (B) (i) of this subsection for the position in which the employee 
is placed. (Pub. L. 95-^54, Oct, 13, 1978, 92 Stat. 1167.) 

§3595. Regulations 

The Office of Personnel Management shall prescribe regulations to 
carry out the purpose of this subchapter. (Pub. L. 95^54, Oct. 13, 1978, 
92 Stat. 1167.) 






159 Sec. 4101 

Subpart C — Employee Performance 

CHAPTER 41— TRAINING 

Sec. 

4101. Definitions. 

4102. Exceptions ; Presidential authority. 

4103. Establishment of training programs. 

4104. Government facilities ; use of. 

4105. Non-Government facilities ; use of. 

4106. Non-Government facilities ; amount of training limited. 

4107. Non-Government facilities ; restrictions. 

4108. Employee agreements ; service after training. 

4109. Expenses of training. 

4110. Expenses of attendance at meetings. 

4111. Acceptance of contributions, awards, and other payments. 

4112. Absorption of costs within funds available. 

4113. Agency review of training needs ; annual program reports. 

4114. Non-Government facilities ; review of training programs. 

4115. Collection of training information. 

4116. Training program assistance. 

4117. Administration. 

4118. Regulations. 

§4101. Definitions 

For the purpose of this chapter — 

(1) "agency", subject to section 4102 of this title, means — 

(A) an Executive department; 

( B ) an independent establishment ; 

(C) a Government corporation subject to sections 846-852 
or 856-859 of title 31 ; 

(D) the Library of Congress ; 

( E ) the Government Printing Office ; and 

(F) the government of the District of Columbia; 

(2) "employee", subject to section 4102 of this title, means — 

(A) an individual employed in or under an agency; and 

(B) a commissioned officer of the Environmental Science 
Services Administration ; 

(3) "Government" means the Government of the United States 
and the government of the District of Columbia; 

(4) "training" means the process of providing for and making 
available to an employee, and placing or enrolling the employee in, 
a planned, prepared, and coordinated program, course, curriculum, 
subject, system, or routine of instruction or education, in scientific, 
professional, technical, mechanical, trade, clerical, fiscal, adminis- 
trative, or other fields which are or will be directly related to the 
performance by the employee of official duties for the Government, 
in order to increase the knowledge, proficiency, ability, skill, and 
qualifications of the employee in the performance of official duties ; 

(5) "Government facility" means property owned or substan- 
tially controlled by the Government and the services of any 
civilian and military personnel of the Government; and 



Sec. 4102 160 

(6) "non-Government facility" means — 

(A) the government of a State or of a territory or posses- 
sion of the United States including the Commonwealth of 
Puerto Eico, and an interstate governmental organization, 
or a unit, subdivision, or instrumentality of any of the fore- 
going; .... 

(B) a foreign government or international organization, 
or instrumentality of either, which is designated by the 
President as eligible to provide training under this chapter ; 

(C) a medical, scientific, technical, educational, research, 
or professional institution, foundation, or organization ; 

(D) a business, commercial, or industrial firm, corpora- 
tion, partnership, proprietorship, or other organization; 

(E) individuals other than civilian or military personnel 
of the Government ; and 

(F) the services and property of any of the foregoing 
furnishing the training. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 432, amended Pub. L. 90-206, 
§ 224(a) , Dec. 16, 1967, 81 Stat. 642.) 

§4102. Exceptions; Presidential authority 

(a)(1) This chapter does not apply to — 

(A) a corporation supervised by the Farm Credit Administra- 
tion if private interests elect or appoint a member of the board of 
directors ; 

(B) the Tennessee Valley Authority ; or 

(C) an individual (except a commissioned officer of the En- 
vironmental Science Services Administration) who is a member 
of a uniformed service during a period in which he is entitled to 
pay under section 204 of title 37. 

(2) This chapter (except sections 4110 and 4111) does not apply 
to— 

(A) the Foreign Service of the United States; or 

(B) an individual appointed by the President, unless the indi- 
vidual is specifically designated by the President for training 
under this chapter. 

(b) The President, at any time in the public interest, may — 

( 1 ) except an agency or part thereof, or an employee or group 
or class of employees therein, from this chapter or a provision 
thereof (except this section) ; and 

(2) withdraw an exception made under this subsection. 
However, the President may not except the Office of Personnel Man- 
agement from a provision of this chapter which vests in or imposes 
on the Office a function, duty, or responsibility concerning any matter 
except the establishment, operation, and maintenance, in the same 
capacity as other agencies, of training programs and plans for its em- 
ployees. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433, amended Pub. L. 
90-83, § 1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 94-183, §2(11), 
Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 
1224.) 

§4103. Establishment of training programs 

(a) In order to increase economy and efficiency in the operations of 
the agency and to raise the standards of performance by employees of 



161 Sec. 4104 

their official duties to the maximum possible level of proficiency, the 
head of each agency, in conformity with this chapter, shall establish, 
operate, and maintain a program or programs, and a plan or plans 
thereunder, for the training of employees in or under the agency by, 
in, and through Government facilities and non-Government facilities. 
Each program, and plan thereunder, shall — 

(1) conform to the principles, standards, and related require- 
ments contained in the regulations prescribed under section 4118 
of this title; 

(2) provide for adequate administrative control by appropriate 
authority ; and 

(3) provide for the encouragement of self -training by em- 
ployees by means of appropriate recognition of resultant increases 
in proficiency, skill, and capacity. 

Two or more agencies jointly may operate under a training program, 
(b) (1) Notwithstanding any other provision of this chapter, an 
agency may train any employee of the agency to prepare the employee 
for placement in another agency if the head of the agency determines 
that the employee will otherwise be separated under conditions which 
would entitle the employee to severance pay under section 5595 of this 
title. 

(2) Before undertaking any training under this subsection, the head 
of the agency shall obtain verification from the Office of Personnel 
Management that there exists a reasonable expectation of placement 
in another agency. 

(3) In selecting an employee for training under this subsection, the 
head of the agency shall consider — 

(A) the extent to which the current skills, knowledge, and 
abilities of the employee may be utilized in the new position ; 

(B) the employee's capability to learn skills and acquire knowl- 
edge and abilities needed in the new position ; and 

(C) the benefits to the Government which would result from 
retaining the employee in the Federal service. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433; amended, Pub. L. 95-454, 
92 Stat. 1146, Oct. 13, 1978.) 

§4104. Government facilities; use of 

An agency program for the training of employees by, in, and 
through Government facilities under this chapter shall — 

(1) provide for training, insofar as practicable, by, in, and 
through Government facilities under the jurisdiction or control 
of the agency ; and 

(2) provide for the making by the agency, to the extent neces- 
sary and appropriate, of agreements with other agencies in any 
branch of the Government, on a reimbursable basis when requested 
by the other agencies, for — 

(A) use of Government facilities under the jurisdiction or 
control of the other agencies in any branch of the Govern- 
ment ; and 

(B) extension to employees of the agency of training pro- 
grams of other agencies. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 434.) 



Sec. 4105 162 

§ 4105. Non-Government facilities ; use of 

(a) The head of an agency, without regard to section 5 of title 41, 
may make agreements or other arrangements for the training of em- 
ployees of the agency by, in, or through non- Government facilities 
under this chapter. 

(b) An agency program for the training of employees by, in, and 
through non-Government facilities under this chapter shall — 

(1) provide that information concerning the selection and as- 
signment of employees for training and the applicable training 
limitations and restrictions be made available to employees of the 
agency ; and 

(2) give consideration to the needs and requirements of the 
agency in recruiting and retaining scientific, professional, tech- 
nical, and administrative employees. 

(c) In order to protect the Government concerning payment and 
reimbursement of training expenses, each agency shall prescribe such 
regulations as it considers necessary to implement the regulations 
prescribed under section 4118(a)(8) of this title. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 434.) 

§4106. Non-Government facilities; amount of training limited 

(a) The training of employees by, in, and through non-Government 
facilities under this chapter is subject to the following limitations: 

(1) The number of man-years of training for an agency in a 
fiscal year may not exceed 1 percent of the total number of man- 
years of civilian employment for the agency in the same fiscal year 
as disclosed by the agency budget estimates for the year. 

(2) An employee having less than 1 year of current, continuous 
civilian service is not eligible for training unless the head of his 
agency determines, under regulations prescribed under section 
4118 of this title, that training for the employee is in the public 
interest. 

(3) The time spent by an employee in training may not exceed 
1 year in the first 10-year period and in each subsequent 10-year 
period of his continuous or non-continuous civilian service in the 
Government. 

The Office of Personnel Management may prescribe other limitations, 
in accordance with the provisions and purposes of this chapter, con- 
cerning the time which may be spent by an employee in training. 

(b) On recommendation of the head of an agency, the Office may 
waive, with respect to that agency or part thereof or one or more em- 
ployees therein, all or any of the limitations covered by subsection (a) 
of this section, if the Office determines that the application of all or any i 
of the limitations thereto is contrary to the public interest. The Office, 
in the public interest, may reimpose all or any of the limitations so 
waived. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434; amended Pub. L. 
95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§4107. Non-Government facilities; restrictions 

(a) Appropriations or other funds available to an agency are not | 
available for payment for training an employee — 

( 1 ) by, in, or through a non-Government facility which teaches 
or advocates the overthrow of the Government of the United States 
by force or violence ; or 



163 Sec. 4108 

(2) by or through an individual concerning whom determina- 
tion has been made by a proper Government administrative or 
investigatory authority that, on the basis of information or evi- 
dence developed in investigations and procedures authorized by 
law or Executive order, there exists a reasonable doubt of his 
loyalty to the United States. 

(b) This chapter does not authorize training an employee by, in, or 
through a non-Government facility a substantial part of the activities 
of which is — 

(1) carrying on propaganda, or otherwise attempting, to influ- 
ence legislation ; or 

(2) participating or intervening, including publishing or dis- 
tributing statements, in a political campaign on behalf of a candi- 
date for public office. 

(c) This chapter does not authorize the selection and assignment of 
an employee for training by, in, or through a non-Government facility, 
or the payment or reimbursement of the costs of training, for — 

( 1 ) the purpose of providing an opportunity to an employee to 
obtain an academic degree in order to qualify for appointment to 
a particular position for which the academic degree is a basic 
requirement; or 

(2) the sole purpose of providing an opportunity to an em- 
ployee to obtain one or more academic degrees. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435.) 

§4108. Employee agreements; service after training 

(a) An employee selected for training by, in, or through a non- 
Government facility under this chapter shall agree in writing with the 
Government before assignment to training that he will — 

(1) continue in the service of his agency after the end of the 
training period for a period at least equal to three times the length 
of the training period unless he is involuntarily separated from 
the service of his agency ; and 

(2) pay to the Government the amount of the additional ex- 
penses incurred by the Government in connection with his train- 
ing if he is voluntarily separated from the service of his agency 
before the end of the period for which he has agreed to continue in 
the service of his agency. 

(b) The payment agreed to under subsection (a) (2) of this section 
may not be required of an employee who leaves the service of his 
agency to enter into the service of another agency in any branch of the 
Government unless the head of the agency that authorized the training 
notifies the employee before the effective date of his entrance into the 
service of the other agency that payment will be required under this 
section. 

(c) If an employee, except an employee relieved of liability under 
subsection (b) of this section or section 4102(b) of this title, fails to 
fulfill his agreement to pay to the Government the additional expenses 
incurred by the Government in connection with his training, a sum 
equal to the amount of the additional expenses of training is recover- 
able by the Government from the employee or his estate by — 

(1) setoff against accrued pay, compensation, amount of retire- 
ment credit, or other amount due the employee from the Govern- 
ment; and 



Sec. 4109 164 

(2) such other method as is proved by law for the recovery of 
amounts owing to the Government. 
The head of the agency concerned, under the regulations prescribed 
under section 4118 of this title, may waive in whole or in part a right of 
recovery under this subsection, if it is shown that the recovery would 
be against equity and good conscience or against the public interest. 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 435.) 

§4109. Expenses of training 

(a) The head of an agency, under the regulations prescribed under 
section 4118 (a) (8) of this title and from appropriations or other funds 
available to the agency, may — 

(1) pay all or a part of the pay (except overtime, holiday, or 
night differential pay) of an employee of the agency selected and 
assigned for training under this chapter, for the period of train- 
ing; and 

(2) pay, or reimburse the employee for, all or a part of the 
necessary expenses of the training, without regard to section 529 
of title 31, including among the expenses the necessary costs of — 

(A) travel and per diem instead of subsistence under sub- 
chapter I of chapter 57 of this title or, in the case of com- 
missioned officers of the Environmental Science Services 
Administration, sections 404 and 405 of title 37, and the Joint 
Travel Regulations for the Uniformed Services ; 

(B) transportation of immediate family, household 
goods and personal effects, packing, crating, temporarily stor- 
ing, draying, and unpacking under section 5724 of this title 
or, in the case of commissioned officers of the Environmental 
Science Services Administration, sections 406 and 409 of title 
37, and the Joint Travel Regulations for the Uniformed 
Services, when the estimated costs of transportation and re- 
lated services are less than the estimated aggregate per diem 
payments for the period of training ; 

(C) tuition and matriculation fees; 

(D) library and laboratory services; 

(E) purchase or rental of books, materials, and supplies; 
and 

(F) other services or facilities directly related to the train- 
ing of the employee. 

(b) The expenses of training do not include membership fees ex- 
cept to the extent that the fee is a necessary cost directly related to the 
training itself or that payment of the fee is a condition precedent to 
undergoing the training. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436, 
amended Pub. L. 90-83, § 1 (4), Sept. 11, 1967, 81 Stat. 196.) 

§ 4110. Expenses of attendance at meetings 

Appropriations available to an agency for travel expenses are avail- 
able for expenses of attendance at meetings which are concerned with 
the functions or activities for which the appropriation is made or which 
will contribute to improved conduct, supervision, or management of 
the functions or activities. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436.) 



' 



165 Sec. 4111 

§ 4111. Acceptance of contributions, awards, and other payments 

(a) To the extent authorized by regulation of the President, con- 
tributions and awards incident to training in non- Government facili- 
ties, and payment of travel, subsistence, and other expenses incident to 
attendance at meetings, may be made to and accepted by an employee, 
without regard to section 209 of title 18, if the contributions, awards, 
and payments are made by an organization determined by the Secre- 
tary of the Treasury to be an organization described by section 
501(c) (3) of title 26 which is exempt from taxation under section 
501(a) of title 26. 

(b) When a contribution, award or payment, in cash or in kind, is 
made to an employee for travel, subsistence, or other expenses under 
subsection (a) of this section, an appropriate reduction, under regu- 
lations of the Director of the Bureau of the Budget, shall be made 
from payment by the Government to the employee for travel, subsist- 
ence, or other expenses incident to training in a non- Government facil- 
ity or to attendance at a meeting. (Pub. L. 89-554, Sept. 6, 1966, 8D 
Stat. 437.) 

§4112. Absorption of costs within funds available 

(a) The Director of the Bureau of the Budget, to the extent he 
considers practicable, shall provide by regulation for the absorption 
of the costs of the training programs and plans under this chapter by 
the respective agencies from applicable appropriations or funds avail- 
able for each fiscal year. 

(b) Subsection (a) of this section may not be held or considered 
to require — 

(1) the separation of an individual from the service by reduc- 
tion in force or other personnel action ; or 

(2) the placement of an individual in a leave- without-pay 
status. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437) . 

§4113. Agency review of training needs; annual program reports 

(a) The head of each agency, at least once every 3 years, shall re- 
view the needs and requirements of the agency for the training of em- 
ployees under its jurisdiction. The Office of Personnel Management, 
on request of an agency, may assist the agency with the review. Infor- 
mation obtained or developed in a review shall be made available to 
the Office at its request. 

(b) Each agency shall report annually to the Office, at such times 
and in such form as the Office prescribes, on its programs and plans 
for the training of employees under this chapter. The report shall set 
forth — 

(1) such information concerning the expenditures of the 
agency in connection with training as the Office considers appro- 
priate ; 

(2) the name of each employee of the agency, except a student 
participating in a cooperative education program, who, during 
the period covered by the report, received training by, in, or 
through a non- Government facility for more than 120 days; the 



Sec. 4114 166 

grade, title, and primary duties of the position held by the em- 
ployee ; the name of the non-Government facility from which the 
training was received ; the nature, length, and cost of the training 
to the Government ; and the relationship of the training to official 
duties ; 

(3) the name of each employee of the agency who received a 
contribution or award under section 4111(a) of this title during 
the period covered by the report; 

(4) a statement concerning the value of the training to the 
agency; 

(5) estimates of the extent to which economies and improved 
operation have resulted from the training; and 

(6) such other information as the agency or the Office considers 
appropriate. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1224.) 

§4114. Non-Government facilities; review of training programs 

The Office of Personnel Management, at the time and to the extent it 
considers necessary, shall review the operations, activities, and related 
transactions of each agency in connection with each agency program, 
and plan thereunder, for the training of its employees by, in, and 
through non- Government facilities under this chapter in order to 
determine whether the operations, activities, and related transactions 
comply with the programs and plans, the provisions and purposes of 
this chapter, and the principles, standards, and related requirements 
contained in the regulations prescribed under section 4118 of this title. 
Each agency, on request of the Office, shall cooperate and assist in the 
review. If the Office finds that noncompliance exists in an agency, the 
Office, after consultation with the agency, shall certify to the head of 
the agency its recommendations for change of actions and procedures. 
If, after a reasonable time for placing its recommendations in effect, 
the Office finds that noncompliance continues to exist in the agency, the 
Office shall report the finding to the President for such action as he 
considers appropriate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; 
amended Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1224.) 

§4115. Collection of training information 

The Office of Personnel Management, to the extent it considers ap- 
propriate in the public interest, may collect information concerning 
training programs, plans, and the methods inside and outside the Gov- 
ernment. The Office, on request, may make the information available 
to an agency and to Congress. (Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 
438; amended Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1224.) 

§4116. Training program assistance 

The Office of Personnel Management, on request of an agency, shall 
advise and assist in the establishment, operation, and maintenance of 
the training programs and plans of the agency under this chapter, to 
the extent of its facilities and personnel available for that purpose. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1224.) 



ii 



167 Sec. 4117 

.§4117. Administration 

I The Office of Personnel Management has the responsibility and au- 
thority for effective promotion and coordination of the training pro- 
grams under this chapter and training operations thereunder. The 
functions, duties, and responsibilities of the Office under this chapter 
are subject to supervision and control by the President and review by 
Congress. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438 ; amended Pub. L. 
95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§4118. Regulations 

(a) The Office of Personnel Management, after considering the 
needs and requirements of each agency for training its employees and 
after consulting with the agencies principally concerned, shall pre- 
scribe regulations containing the principles, standards, and related re- 
quirements for the programs, and plans thereunder, for the training of 
employees under this chapter, including requirements for coordination 
of and reasonable uniformity in the agency training programs and 

: plans. The regulations shall provide for the maintenance of necessary 
information concerning the general conduct of the training activities 
of each agency, and such other information as is necessary to enable 
the President and Congress to discharge effectively their respective 
duties and responsibilities for supervision, control, and review of these 
training programs. The regulations also shall cover — 

(1) requirements concerning the determination and continuing 
review by each agency of its training needs and requirements ; 

1(2) the scope and conduct of the agency training programs and 
plans ; 
(3) the selection and assignment of employees of each agency 
for training; 

(4) the use in each agency of the services of employees who 
have undergone training; 

(5) the evaluation of the results and effects of the training pro- 
grams and plans; 

(6) the interchange of training information among the 
agencies ; 

(7) the submission of reports by the agencies on results and 
effects of training programs and plans and economies resulting 
therefrom, including estimates of costs of training by, in, and 
through non- Government facilities; 

(8) requirements and limitations necessary with respect to pay- 
ments and reimbursements in accordance with section 4109 of this 
title; and 

(9) other matters considered appropriate or necessary by the 
Office to carry out the provisions of this chapter. 

(b) In addition to the matters set forth by subsection (a) of this 
section, the regulations, concerning training of employees by, in, or 
through non- Government facilities, shall — 

(1) prescribe general policies governing the selection of a non- 
Government facility to provide training ; 

(2) authorize training of employees only after the head of the 
agency concerned determines that adequate training for employ- 



Sec. 4118 



168 



ees by, in, or through a Government facility is not reasonably 
available, and that consideration has been given to the existing or 
reasonably foreseeable availability and use of fully trained em- 
ployees; and 

(3) prohibit training an employee for the purpose of filling a 
position by promotion if there is in the agency concerned another 
employee, of equal ability and suitability, fully qualified to fill the 
position and available at, or within a reasonable distance from, 
the place where the duties of the position are to be performed. 

(c) The Office, in accordance with this chapter, may revise, supple- 
ment, or abolish regulations prescribed under this section, and pre- 
scribe additional regulations. 

(d) This section does not authorize the Office to prescribe the types 
and methods of intra-agency training or to regulate the details of 
intra-agency training programs. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 438; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 



I 



169 Sec. 4301 



CHAPTER 43— -PERFORMANCE APPRAISAL 

SUBCHAPTER I— GENERAL PROVISIONS 

Sec. 

4301. Definitions. 

4302. Establishment of performance appraisal systems. 

4303. Actions based on unacceptable performance. 

4304. Responsibilities of Office of Personnel Management. 

4305. Regulations. 

SUBCHAPTER II— PERFORMANCE APPRAISAL IN THE SENIOR 
EXECUTIVE SERVICE 

4311. Definitions. 

4312. Senior Executive Service performance appraisal systems. 

4313. Criteria for performance appraisals. 

4314. Ratings for performance appraisals. 

4315. Regulations. 

SUBCHAPTER I— GENERAL PROVISIONS 

§4301. Definitions 

I(iii) the General Accounting Office; 
For the purpose of this subchapter — 

(1) "agency" means — 

(A) an Executive agency; 

(B) the Administrative Office of the United States Courts; 
and 

(C) the Government Printing Office; 
but does not include — 

(i) a Government corporation; 

(ii) the Central Intelligence Agency, the Defense Intelli- 
gence Agency, the National Security Agency, or any Execu- 
tive agency or unit thereof which is designated by the Presi- 
dent and the principal function of which is the conduct of 
foreign intelligence or counterintelligence activities ; or 

(iii) the General Accounting Office; 

(2) "employee" means an individual employed in or under an 
agency, but does not include — 

(A) an employee outside the United States who is paid 
in accordance with local native prevailing wage rates for the 
area in which employed; 

(B) an individual in the Foreign Service of the United 
States ; 

(C) a physician, dentist, nurse, or other employee in the 
Department of Medicine and Surgery, Veterans' Adminis- 
tration whose pay is fixed under chapter 73 of title 38 ; 

(D) an administrative law judge appointed under section 
3105 of this title; 



Sec. 4302 170 

(E) an individual in the Senior Executive Service; 

(F) an individual appointed by the President; or 

(G) an individual occupying a position not in the competi- 
tive service excluded from coverage of this subchapter by 
regulations of the Office of Personnel Management; and 

(3) "unacceptable performance" means performance of an em- 
ployee which fails to meet established performance standards in 
one or more critical elements of such employee's position. 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1132.) 

§ 4302. Establishment of performance appraisal systems 

(a) Each agency shall develop one or more performance appraisal 
systems which — 

(1) provide for periodic appraisals of job performance of 
employees ; 

(2) encourage employee participation in establishing perform- 
ance standards; and 

(3) use the results of performance appraisals as a basis for 
training, rewarding, reassigning, promoting, reducing in grade, 
retaining, and removing employees; 

(b) Under regulations which the Office of Personnel Management 
shall prescribe, each performance appraisal system shall provide for — 

(1) establishing performance standards which will, to the 
maximum extent feasible, permit the accurate evaluation of job 
performance on the basis of objective criteria (which may include 
the extent of courtesy demonstrated to the public) related to the 
job in question for each employee or position under the system; 

(2) as soon as practicable, but not later than October 1, 1981, 
with respect to initial appraisal periods, and thereafter at the 
beginning of each following appraisal period, communicating to 
each employee the performance standards and the critical ele- 
ments of the employee's position ; 

(3) evaluating each employee during the appraisal period on 
such standards; 

(4) recognizing and rewarding employees whose performance 
so warrants ; 

(5) assisting employees in improving unacceptable perform- 
ance ; and 

(6) reassigning, reducing in grade, or removing employees who 
continue to have unacceptable performance but only after an 
opportunity to demonstrate acceptable performance. 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1132.) 

§ 4303. Actions based on unacceptable performance 

(a) Subject to the provisions of this section, an agency may reduce 
in grade or remove an employee for unacceptable performance. 

(b) (1) An employee whose reduction in grade or removal is pro- 
posed under this section is entitled to — 

(A) 30 days' advance written notice of the proposed action 
which identifies — 

(i) specific instances of unacceptable performance by the 
employee on which the proposed action is based ; and 






171 Sec. 4303 

|(ii) the critical elements of the employee's position involved 
in each instance of unacceptable performance ; 

(B) be represented by an attorney or other representative; 

(C) a reasonable time to answer orally and in writing; and 

(D) a written decision which — 

(i) in the case of a reduction in grade or removal under 
this section, specifies the instances of unacceptable perform- 
ance by the employee on which the reduction in grade or 
removal is based, and 

(ii) unless proposed by the head of the agency, has been 
concurred in by an employee who is ina higher position than 
the employee who proposed the action. 
(2) An agency may, under regulations prescribed by the head of 
such agency, extend the notice period under subsection (b) (1) (A) of 
this section for not more than 30 days. An agency may extend the 
notice period for more than 30 days only in accordance with regula- 
tions issued by the Office of Personnel Management. 

(c) The decision to retain, reduce in grade, or remove an employee — 

(1) shall be made within 30 days after the date of expiration 
of the notice period, and 

(2) in the case of a reduction in grade or removal, may be 
based only on those instances of unacceptable performance by the 
employee — 

(A) which occurred during the 1-year period ending on 
the date of the notice under subsection (b) (1) (A) of this 
section in connection with the decision ; and 

(B) for which the notice and other requirements of this 
section are complied with. 

(d) If, because of performance improvement by the employee dur- 
ing the notice period, the employee is not reduced in grade or removed, 
and the employee's performance continues to be acceptable for 1 year 
from the date of the advance written notice provided under subsection 
(b) (1) (A) of this section, any entry or other notation of the unac- 
ceptable performance for which the action was proposed under this 
section shall be removed from any agency record relating to the 
employee. 

(e) Any employee who is a preference eligible or is in the com- 
petitive service and who has been reduced in grade or removed under 
this section is entitled to appeal the action to the Merit System Protec- 
tion Board under section 7701 of this title. 

(f ) This section does not apply to — 

(1) the reduction to the grade previously held of a supervisor 
or manager who has not completed the probationary period under 
section 3321 (a) (2) of this title, 

(2) the reduction in grade or removel of an employee m the 
competitive service who is serving a probationary or trial period 
under an initial appointment or who has not completed 1 year of 
current continuous employment under other than a temporary 
appointment limited to 1 year or less, or 

(3) the reduction in grade or removal of an employee in the 
| excepted service who has not completed 1 year of current con- 
tinuous employment in the same or similar positions. 

(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1133.) 






Sec. 4304 



172 



§ 4304. Responsibilities of the Office of Personnel Management 

(a) The Office of Personnel Management shall make technical 
assistance available to agencies in the development of performance 
appraisal systems. 

(b)(1) The Office shall review each performance appraisal system 
developed by any agency under this section and determine whether 
the performance appraisal system meets the requirements of this 
subchapter. 

(2) The Comptroller General shall from time to time review on 
a selected basis performance appraisal systems established under this 
subchapter to determine the extent to which any such system meets 
the requirements of this subchapter and shall periodically report its 
findings to the Office and to the Congress. 

(3) If the Office determines that a system does not meet the require- 
ments of this subchapter (including regulations prescribed under 
section 4305 ) , the Office shall direct the agency to implement an appro- 
priate system or to correct operations under the system, and any such 
agency shall take any action so required. (Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1134.) 

§4305. Regulations 

The Office of Personnel Management may prescribe regulations to 
carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1134.) 



173 Sec. 4311 



SUBCHAPTER II— PERFORMANCE APPRAISAL IN THE 
SENIOR EXECUTIVE SERVICE 

§ 4311. Definitions 

For the purpose of this subchapter, "agency", "senior executive", 
and "career appointee" have the meanings set forth in section 3132(a) 
of this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1167.) 

§ 4312. Senior Executive Service performance appraisal systems 

(a) Each agency shall, in accordance with standards established by 
the Office of Personnel Management, develop one or more performance 
appraisal systems designed to — 

(1) permit the accurate evaluation of performance in any posi- 
tion on the basis of criteria which are related to the position 
and which specify the critical elements of the position ; 

(2) provide for systematic appraisals of performance of sen- 
ior executives ; 

(3) encourage excellence in performance by senior executives; 
and 

(4) provide a basis for making eligibility determinations for 
retention in the Senior Executive Service and for Senior Execu- 
tive Service performance awards. 

(b) Each performance appraisal system established by an agency 
under subsection (a) of this section shall provide — 

(1) that, on or before the beginning of each rating period, 
performance requirements for each senior executive in the agency 
are established in consultation with the senior executive and com- 
municated to the senior executive ; 

(2) that written appraisals of performance are based on the 
individual and organizational performance requirements estab- 
lished for the rating period involved ; and 

(3) that each senior executive in the agency is provided a copy 
of the appraisal and rating under section 4314 of this title and is 
given an opportunity to respond in writing and have the rating 
reviewed by an employee in a higher executive level in the agency 
before the rating becomes final. 

(c) (1) The Office shall review each agency's performance appraisal 
system under this section, and determine whether the agency perform- 
ance appraisal system meets the requirements of this subchapter. 

(2) The Comptroller General shall from time to time review per- 
formance appraisal systems under this section to determine the extent 
to which any such system meets the requirements under this subchap- 
ter and shall periodically report its findings to the Office and to each 
House of the Congress. 



35-550 O - 79 - 13 



Sec. 4313 174 

(3) If the Office determines that an agency performance appraisal 
system does not meet the requirements under this subchapter (includ- 
ing regulations prescribed under section 4315), the agency shall take 
such corrective action as may be required by the Office. 

(d) A senior executive may not appeal any appraisal and rating 
under any performance appraisal system under this section. (Pub. L. 
95^54, Oct. 13, 1978, 92 Stat. 1167.) 

§4313. Criteria for performance appraisals 

Appraisals of performance in the Senior Executive Service shall 
be based on both individual and organizational performance, taking 
into account such factors as — 

(1) improvements in efficiency, productivity, and quality of 
work or service, including any significant reduction in paper- 
work; 

(2) cost efficiency; 

(3) timeliness of performance ; 

(4) other indications of the effectiveness, productivity, and 
performance quality of the employees for whom the senior execu- 
tive is responsible ; and 

(5) meeting affirmative action goals and achievement of equal 
employment opportunity requirements. 

(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1168.) 

§ 4314. Ratings for performance appraisals 

(a) Each performance appraisal system shall provide for annual 
summary ratings of levels of performance as follows : 

( 1 ) one or more fully successful levels, 

(2) a minimally satisfactory level, and 

(3) an unsatisfactory level. 

(b) Each performance appraisal system shall provide that — 

(1) any appraisal and any rating under such system — 

(A) are made only after review and evaluation by a per- 
formance review board established under subsection (c) of 
this section ; 

(B) are conducted at least annually, subject to the limita- 
tion of subsection (c) (3) of this section ; 

(C) in the case of a career appointee, may not be made 
within 120 days after the beginning of a new Presidential 
administration; and 

(D) are based on performance during a performance ap- 
praisal period the duration of which shall be determined under 
guidelines established by the Office of Personnel Management, 
but which may be terminated in any case in which the agency 
making the appraisal determines that an adequate basis exists 
on which to appraise and rate the senior executive's perform- 
ance; 

(2) any career appointee receiving a rating at any of the fully 
successful levels under subsection (a) (1) of this section may be 
given a performance award under section 5384 of this title; 

(3) any senior executive receiving an unsatisfactory rating 
under subsection (a) (3) of this section shall be reassigned or 
transferred within the Senior Executive Service, or removed from 



175 Sec. 4315 

the Senior Executive Service, but any senior executive who receives 
2 unsatisfactory ratings in any period of 5 consecutive years shall 
be removed from the Senior Executive Service ; and 

(4) any senior executive who twice in any period of 3 consecu- 
tive years receives less than fully successful rating shall be removed 
from the Senior Executive Service. 
(c)(1) Each agency shall establish, in accordance with regulations 
prescribed by the Office, one or more performance review boards, as ap- 
propriate. It is the function of the boards to make recommendations to 
the appropriate appointing authority of the agency relating to the 
performance of senior executives in the agency. 

(2) The supervising official of the senior executive shall provide to 
the performance review board, an initial appraisal of the senior execu- 
tive's performance. Before making any recommendation with respect 
to the senior executive, the board shall review any response by the 
senior executive to the initial appraisal and conduct such further re- 
view as the board finds necessary. 

(3) Performance appraisals under this subchapter with respect to 
any senior executive shall be made by the appointing authority only 
after considering the recommendations by the performance review 
board with respect to such senior executive under paragraph (1) of this 
subsection. 

(4) Members of performance review boards shall be appointed in 
such a manner as to assure consistency, stability, and objectivity in 
performance appraisal. Notice of the appointment of an individual to 
serve as a member shall be published in the Federal Register. 

(5) In the case of an appraisal of a career appointee, more than one- 
half of the members of the performance review board shall consist of 
career appointees. The requirement of the preceding sentence shall not 
apply in any case in which the Office determines that there exists an in- 
sufficient number of career appointees available to comply with the 
requirement. 

(d) The Office shall include in each report submitted to each House 
of the Congress under section 3135 of this title a report of — 

(1) the performance of any performance review board estab- 
lished under this section, 

(2) the number of individuals removed from the Senior Execu- 
tive Service under subchapter V of chapter 35 of this title for less 
than fully successful executive performance, and 

(3) the number of performance awards under section 5384 of 
this title. 

(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1169.) 

§4315. Regulations 

The Office of Personnel Management shall prescribe regulations to 
carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1170.) 



177 Sec. 4501 



CHAPTER 45— INCENTIVE AWARDS 

Sec. 

4501. Definitions. 

4502. General provisions. 

4503. Agency awards. 

4504. Presidential awards. 

4505. Awards to former employees. 

4506. Regulations. 

4507. Awarding of ranks in the Senior Executive Service. 

§4501. Definitions 

For the purpose of the chapter — 

(1) "agency" means — 

(A) an Executive agency ; 

(B) the Administrative Office of the United States Courts ; 

(C) the Library of Congress; 

(D) the Office of the Architect of the Capitol : 

(E) the Botanic Garden; 

(F) the Government Printing Office ; and 

(G) the government of the District of Columbia ; 
but does not include — 

(i) the Tennessee Valley Authority; or 
(ii) the Central Bank for Cooperatives; 

(2) "employee" means — 

(A) an employee as defined by section 2105 of this title 
but does not include an employee covered by the merit pay 
system established under section 5402 of this title ; and 

(B) an individual employed by the government of the 
District of Columbia : and 

(3) "Government" means the Government of the United States 
and the government of the District of Columbia, 

(Pub. L. 89-554. Sept. 6, 1966. 80 Stat. 442: amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1183.) 

§4502. General provisions 

(a) Except as provided by subsection (b) of this section, a cash 
award under this chapter may not exceed $10,000. 

(b) When the head of an agency certifies to the Office of Personnel 
Management that the suggestion, invention, superior accomplishment, 
or other meritorious effort for which the award is proposed is highly 
exceptional and unusually outstanding, a cash award in excess of 
$10,000 but not in excess of $25,000 may be granted with the approval 
of the Office. 

(c) A cash award under this chapter is in addition to the regular 
pay of the recipient. Acceptance of a cash award under this chapter 
constitutes an agreement that the use by the Government of an idea, 
method, or device for which the award is made does not form the 
basis of a further claim of any nature against the Government by 
the employee, his heirs, or assigns. 



Sec. 4503 178 

(d) A cash award to, and expense for the honorary recognition 
of, an employee may be paid from the fund or appropriation avail- 
able to the activity primarily benefiting or the various activities bene- 
fiting. The head of the agency concerned determines the amount to 
be paid by each activity for an agency award under section 4503 of 
this title. The President determines the amount to be paid by each 
activity for a Presidential award under section 4504 of this title. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat, 1183.) 

§4503. Agency awards 

The head of an agency may pay a cash award to, and incur neces- 
sary expense for the honorary recognition of, an employee who — 

(1) by his suggestion, invention, superior accomplishment, or 
other personal effort contributes to the efficiency, economy, or 
other improvement of Government operations or achieves a sig- 
nificant reduction in paperwork ; or 

(2) performs a special act or service in the public interest in 
connection with or related to his official emplovment. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1180.) 

§4504. Presidential awards 

The President may pay a cash award to, and incur necessary ex- 
pense for the honorary recognition of, an employee who — 

(1) by his suggestion, invention, superior accomplishment, or 
other personal effort contributes to the efficiency, economy, or 
other improvement of Government operations or achieves a sig- 
nificant reduction in paperwork ; or 

(2) performs an exceptionally meritorious special act or serv- 
ice in the public interest in connection with or related to his official 
employment. 

A Presidential award may be in addition to an agency award under 
section 4503 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; 
amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1180.) 

§4505. Awards to former employees 

An agency may pay or grant an award under this chapter notwith- 
standing the death or separation from the service of the employee 
concerned, if the suggestion, invention, superior accomplishment, 
other personal effort, or special act or service in the public interest 
for which the award is proposed was made or performed while the 
employee was in the employ of the Government. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 443.) 

§4506. Regulations 

The Office of Personnel Management shall prescribe regulations 
and instructions under which the agency awards program set forth 
by this chapter shall be carried out. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 443; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1184.) 

§ 4507. Awarding of ranks in the Senior Executive Service 

(a) For the purpose of this section, "agency," "senior executive," 
and "career appointee" have the meanings set forth in section 3132(a) 
of this title. 



179 Sec. 4507 

(b) Each agency shall submit annually to the Office recommenda- 
tions of career appointees in the agency to be awarded the rank of 
Meritorious Executive or Distinguished Executive. The recommenda- 
tions may take into account the individual's performance over a period 
of years. The Office shall review such recommendations and provide 
to the President recommendations as to which of the agency recom- 
mended appointees should receive such rank. 

(c) During any fiscal year, the President may, subject to subsec- 
tion (d) of this section, award to any career appointee recommended 
by the Office the rank of — 

(1) Meritorious Executive, for sustained accomplishment, or 

(2) Distinguished Executive, for sustained extraordinary 
accomplishment. 

A career appointee awarded a rank under paragraph (1) or (2) of 
this subsection shall not be entitled to be awarded that rank during 
the following 4 fiscal years. 

( d ) During any fiscal year — 

(1) the number of career appointees awarded the rank of 
Meritorious Executive may not exceed 5 percent of the Senior 
Executive Service ; and 

(2) the number of career appointees awarded the rank of Dis- 
tinguished Executive may not exceed 1 percent of the Senior 
Executive Service. 

(e)(1) Receipt by a career appointee of the rank of Meritorious 
Executive entitles such individual to a lump-sum payment of $10,000, 
which shall be in addition to the basic pay paid under section 5382 of 
this title or any award paid under section 5384 of this title. 

(2) Receipt by a career appointee of the rank of Distinguished 
Executive entitles the individual to a lump-sum payment of $20,000, 
which shall be in addition to the basic pay paid under section 5382 of 
this title or any award paid under section 5384 of this title. (Added, 
Pub. L. 95-454, Oct. 13, 1978 ; 92 Stat. 1170.) 



> 



* 



181 Sec. 4701 



CHAPTER 47— PERSONNEL RESEARCH PROGRAMS AND 
DEMONSTRATION PROJECTS 

Sec. 

4701. Definitions. 

470L'. Research programs. 

4703. Demonstration projects. 

4701. Allocations of funds. 

470.~>. Reports. 

4706. Regulations. 

§4701. Definitions 

( a ) For the purpose of this chapter — 

(1) "agency" means an Executive agency, the Administrative 
Office of the United States Courts, and the Government Printing- 
office, but does not include — 

(A) a Government corporation: 

(B) the Federal Bureau of Investigation, the Central In- 
telligence Agency, the Defense Intelligence Agency, the Na- 
tional Security Agency, and. as determined by the Presi- 
dent, any Executive agency or unit thereof which is desig- 
nated by the President and which has as its principal function 
the conduct of foreign intelligence or counterintelligence ac- 
tivities; or 

( C ) the General Accounting Office ; 

(2) "employee" means an individual employed in or under an 
agency; 

(3) "eligible" means an individual who has qualified for ap- 
pointment in an agency and whose name has been entered on 
the appropriate register or list of eligibles ; 

(4) "demonstration project" means a project conducted by the 
Office of Personnel Management, or under its supervision, to deter- 
mine whether a specified change in personnel management poli- 
cies or procedures would result in improved Federal personnel 
management ; and 

(5) "research program" means a planned study of the manner 
in which public management policies and systems are operating, 
the effects of those policies and systems, the possibilities for 
change, and comparisons among policies and systems. 

(b) This subchapter shall not apply to any position in the Drug 
Enforcement Administration which is excluded from the competitive 
service under section 201 of the Crime Control Act of 1976 (5 U.S.C. 
5108 note ; 90 Stat. 2425) . (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1185.) 

§4702. Research programs 

The Office of Personnel Management shall — 

(1) establish and maintain (and assist in the establishment 
and maintenance of) research programs to study improved meth- 
ods and technologies in Federal personnel management ; 



Sec. 4703 182 

(2) evaluate the research programs established under para- 
graph (1) of this section ; 

('6) establish and maintain a program for the collection and 
public dissemination of information relating to personnel man- 
agement research and for encouraging and facilitating the ex- 
change of information among interested persons and entities; and 

(4) carry out the preceding functions directly or through 
agreement or contract. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 
1185.) 

§4703. Demonstration projects 

(a) Except as provided in this section, the Office of Personnel Man- 
agement may, directly or through agreement or contract with one or 
more agencies and other public and private organizations, conduct and 
evaluate demonstration projects. Subject to the provisions of this sec- 
tion, the conducting of demonstration projects shall not be limited by 
any lack of specific authority under this title to take the action con- 
templated, or by any provision of this title or any rule or regulation 
prescribed under this title which is inconsistent with the action, includ- 
ing any law or regulation relating to — 

(1) the methods of establishing qualification requirements for, 
recruitment for, and appointment to positions ; 

(2) the methods of classifying positions and compensating 
employees ; 

(3) the methods of assigning, reassigning, or promoting 
employees ; 

(4) the methods of disciplining employees; 

(5) the methods of providing incentives to employees, includ- 
ing the provision of group or individual incentive bonuses or pay ; 

(6) the hours of work per day or per week ; 

(7) the methods of involving employees, labor organizations, 
and employee organizations in personnel decisions; and 

(8) the methods of reducing overall agency staff and grade 
levels. 

(b) Before conducting or entering into any agreement or contract to 
conduct a demonstration project, the Office shall — 

(1) develop a plan for such project which identifies — 

(A) the purposes of the project ; 

(B) the types of employees or eligibles, categorized by 
occupational series, grade, or organizational unit; 

(C) the number of employees or eligibles to be included, 
in the aggregate and by category ; 

(D) the methodology ; 

(E) the duration; 

(F) the training to be provided ; 

( G ) the anticipated costs ; 

(II) the methodology and criteria for evaluation; 

(I) a specific description of any aspect of the project for 
which there is a lack of specific authority ; and 

(J) a specific citation to any provision of law, rule, or 
regulation which, if not waived under this section, would pro- 
hibit the conducting of the project, or any part of the project 
as proposed ; 



183 Sec. 4703 

(2) publish the plan in the Federal Kegister ; 

(3) submit the plan so published to public hearing; 

(4) provide notification of the proposed project, at least 180 
days in advance of the date any project proposed under this sec- 
tion is to take effect — 

(A) to employees who are likely to be affected by the 
project; and 

(JB) to each House of the Congress; 

(5) obtain approval from each agency involved of the final 
version of the plan ; and 

(6) provide each House of the Congress with a report at least 
90 days in advance of the date the project is to take effect setting 
forth the final version of the plan as so approved. 

(c) Xo demonstration project under this section may provide for a 
waiver of — 

(1) any provision of chapter 63 or subpart G of this title; 

(2) (A) any provision of law referred to in section 2302(b) (1) 
of this title; or 

(B) any provision of law implementing any provision of law 
referred to in section 2302(b) (1) of this title by — 

(i) providing for equal employment opportunity through 
affirmative action ; or 

(ii) providing any right or remedy available to any em- 
ployee or applicant for employment in the civil service ; 

(3) any provision of chapter 15 or subchapter III of chapter 
73 of this title ; 

(4) any rule or regulation prescribed under any provision of 
law referred to in paragraph (1) , (2) , or (3) of this subsection ; or 

(5) any provision of chapter 23 of this title, or any rule or regu- 
lation prescribed under this title, if such waiver is inconsistent 
with any merit system principle or any provision thereof relating 
to prohibited personnel practices. 

(d) (1) Each demonstration project shall — 

(A) involve not more than 5,000 individuals other than indi- 
viduals in any control groups necessary to validate the results 
of the project; and 

(B) terminate before the end of the 5-year period beginning 
on the date on which the project takes effect, except that the proj- 
ect may continue beyond the date to the extent necessary to vali- 
date the results of the project. 

(2) Not more than 10 active demonstration projects may be in 
effect at any time. 

(e) Subject to the terms of any written agreement or contract be- 
tween the Office and an agency, a demonstration project involving the 
agency may be terminated by the Office, or the agency, if either deter- 
mines that the project creates a substantial hardship on, or is not 
in the best interests of, the public, the Federal Government, employees, 
or eligibles. 

(f) Employees within a unit with respect to which a labor organi- 
zation is accorded exclusive recognition under chapter 71 of this title 
shall not be included within any project under subsection (a) of this 
section — 



Sec. 4704 184 

(1) if the project would violate a collective bargaining agree- 
ment (as defined in section 7103(8) of this title) between the 
agency and the labor organization, unless there is another written 
agreement with respect to the project between the agency and the 
organization permitting the inclusion ; or 

(2) if the project is not covered by such a collective bargaining 
agreement, until there has been consultation or negotiation, as 
appropriate, by the agency with the labor organization. 

(g) Employees within any unit with respect to which a labor organi- 
zation has not been accorded exclusive recognition under chapter 71 
of this title shall not be included within any project under subsection 
(a) of this section unless there has been agency consultation regarding 
the project with the employees in the unit. 

(h) The Office shall provide for an evaluation of the results of each 
demonstration project and its impact on improving public manage- 
ment. 

(i) Upon request of the Director of the Office of Personnel Man- 
agement, agencies shall cooperate with and assist the Office, to the ex- 
tent practicable, in any evaluation undertaken under subsection (h) 
of this section and provide the Office with requested information and 
reports relating to the conducting of demonstration projects in their 
respective agencies. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1186.) 

§ 4704. Allocation of funds 

Funds appropriated to the Office of Personnel Management for the 
purpose of this chapter may be allocated by the Office to any agency 
conducting demonstration projects or assisting the Office in conduct- 
ing such projects. Funds so allocated shall remain available for such 
period as may be specified in appropriation Acts. No contract shall be 
entered into under this chapter unless the contract has been provided 
for in advance in appropriation Acts. (Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1188.) 

§4705. Reports 

The Office of Personnel Management shall include in the annual 
report required by section 1308(a) of this title a summary of research 
programs and demonstration projects conducted during the year 
covered by the report, the effect of the programs and projects on 
improving public management and increasing Government efficiency, 
and recommendations of policies and procedures which will improve 
such management and efficiency. (Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1188.) 

§4706. Regulations 

The Office of Personnel Management shall prescribe regulations 
to carry out the purpose of this chapter. (Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1188). 






185 Sec - 5101 



Subpart D — Pay and Allowances 
CHAPTER 51— CLASSIFICATION 

Sec. 

5101. Purpose. 

5102. Definitions; application. 

5103. Determination of applicability. 

5104. Basis for grading positions. 

5105. Standards for classification of positions. 

5106. Basis for classifying positions. 

5107. Classification of positions. 

5108. Classification of positions at GS-16, 17, and 18. 

5109. Positions classified by statute. 
"illO. Review of classification of positions. 

5111. Revocation and restoration of authority to classify positions. 

5112. General authority of the Office of Personnel Management. 

5113. Classification records. 

5114. Reports ; positions in GS-16, 17, and 18. 

5115. Regulations. 

§5101. Purpose 

It is the purpose of this chapter to provide a plan for classification 
of positions whereby — 

(1) in determining the rate of basic pay which an employee 
will receive — 

(A) the principle of equal pay for substantially equal work 
will be followed ; and 

(B) variations in rates of basic pay paid to different em- 
ployees will be in proportion to substantial differences in the 
difficulty, responsibility, and qualification requirements of 
the work performed and to the contributions of employees 
to efficiency and economy in the service ; and 

(2) individual positions will, in accordance with their duties, 
responsibilities, and qualification requirements, be so grouped 
and identified by classes and grades, as defined by section 5102 
of this title, and the various classes will be so described in pub- 
lished standards, as provided by section 5105 of this title, that 
the resulting position-classification system can be used in all 
phases of personnel administration. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 443.) 

§ 5102. Definitions ; application 

(a) For the purpose of this chapter — 
(1) "agency"' means — 

(A) an Executive agency; 

(B) the Administrative Office of the United States Courts; 

(C) the Library of Congress; 

(D) the Botanic Garden; 

(E) the Government Printing Office; 

(F) the Office of the Architect of the Capitol; and 



Sec. 5102 186 

(G) the government of the District of Columbia; 
but does not include — 

(i) a Government controlled corporation ; 
(ii) the Tennessee Valley Authority ; 
(iii) The Alaska Railroad ; 
(iv< ) the Virgin Islands Corporation ; 
( v) the Atomic Energy Commission ; 
(vi) the Central Intelligence Agency; 
(vii) the Panama Canal Company; or 

(viii) the National Security Agency, Department of 
Defense ; 

(2) "employee" means an individual employed in or under an 
agency; 

(3) ''position" means the work, consisting of the duties and j 
responsibilities, assignable to an employee ; 

(4) "class" or "class of positions" includes all positions which 
are sufficiently similar, as to — 

(A) kind or subject matter of work; 

( B ) level of difficulty and responsibility ; and 

(C) the qualification requirements of the work ; 
to warrant similar treatment in personnel and pay administration ; 
and 

(5) "grade" includes all classes of positions which, although 
different with respect to kind or subject-matter of work, are suffi- 
ciently equivalent as to — 

(A) level of difficulty and responsibility ; and 

( B ) level of qualification requirements of the work ; 
to warrant their inclusion within one range of rates of basic pay 
in the General Schedule. 

(b) Except as provided by subsections (c) and (d) of this section, 
this chapter applies to all civilian positions and employees in or under 
an agency, including positions in local boards and appeal boards 
within the Selective Service System and employees occupying those 
positions. 

(c) This chapter does not apply to — 

(1) Repealed. Pub. L. 01-375, §(>(c)(9), Aug. 12, 1970, 84 
Stat. 776; 

(2) employees in the Foreign Service of the United States 
whose pay is fixed under chapter 14 of title 22; and positions in 
or 1111(101- the Department of State which are — 

(A) connected with the representation of the United 
States to international organizations ; or 

(B) specifically exempted by statute from this chapter or 
other classification or pay statute ; 

(3) physicians, dentists, nurses, and other employees in the 
Department of Medicine and Surgery, Veterans' Administration, 
whose pay is fixed under chapter 73 of title 38 ; 

(4) teachers, school officials, and employees of the Board of 
Education of thv District of Columbia whose pay is fixed under 
chapter 15 of title 31, District of Columbia Code; the chief 
judges and the associate judges of the Superior Court of the Dis- 






187 Sec. 5102 

trict of Columbia and the District of Columbia Court of Appeals; 
and nonjudicial employees of the District of Columbia court sys- 
tem whose pay is fixed under title 11 of the District of Columbia 
Code; 

(5) members of the Metropolitan Police, the Fire Department 
of the District of Columbia, the United States Park Police, and 
the Executive Protective Service ; and members of the police force 
of the National Zoological Park whose pay is fixed under section 
5375 of this title ; 

(6) lighthouse keepers and civilian employees on lightships 
and vessels of the Coast Guard whose pay is fixed under section 
432 (f) and (g) of title 14; 

(7) employees in recognized trades or crafts, or other skilled 
mechanical crafts, or in unskilled, semiskilled, or skilled manual- 
labor occupations, and other employees including foremen and 
supervisors in positions having trade, craft, or laboring experience 
and knowledge as the paramount requirement, and employees in 
the Bureau of Engraving and Printing whose duties are to per- 
form or to direct manual or machine operations requiring special 
skill or experience, or to perform or direct the counting, examin- 
ing, sorting, or other verification of the product of manual or 
machine operations ; 

(8) officers and members of crews of vessels ; 

(9) employees of the Government Printing Office whose pay 
is fixed under section 305 of title 44 ; 

(10) civilian professors, lecturers, and instructors at the Naval 
War College and the Naval Academy whose pay is fixed under 
sections 6952 and 7478 of title 10; senior professors, professors, 
associate and assistant professors, and instructors at the Naval 
Postgraduate School whose pay is fixed under section 7044 of 
title 10; and the Academic Dean of the Postgraduate School of 
the Naval Academy whose pay is fixed under section 7043 of title 

10 ; 

(11) aliens or noncitizens of the United States who occupy 
positions outside the United States ; 

(12) (A) employees of an agency who are stationed in the 
Canal Zone ; and 

(B) on approval by the Office of Personnel Management of 
the request of an agency which has employees stationed in both the 
Republic of Panama and the Canal Zone, employees of the agency 
who are stationed in the Republic of Panama ; 

(13) employees who serve without pay or at nominal rates of 

pay; 

(14) employees whose pay is not wholly from appropriated 
funds of the United States, except that with respect to the Vet- 
erans' Canteen Service, Veterans' Administration, this paragraph 
applies only to employees necessary for the transaction of the 
business of the Service at canteens, warehouses, and storage de- 
pots whose employment is authorized by section 4202 of title 38 ; 



Sec. 5102 188 

(15) employees whose pay is fixed under a cooperative agree- 
ment between the United States and — 

(A) a State or territory or possession of the United States, 
or political subdivision thereof ; or 

(B) an individual or organization outside the service of 
the Government of the United States ; 

(16) student nurses, medical or dental interns, residents-in- 
training, student dietitians, student physical therapists, student 
occupational therapists, and other student employees, assigned or 
attached to a hospital, clinic, or laboratory primarily for training 
purposes, whose pay is fixed under subchapter V of chapter 53 of 
this title or section 4114 of title 38 ; 

(17) inmates, patients, or beneficiaries receiving care or treat- 
ment or living in Government agencies or institutions; 

(18) experts or consultants, when employed temporarily or 
intermittently in accordance with section 3109 of this title; 

(19) emergency or seasonal employees whose employment is of 
uncertain or purely temporary duration, or who are employed for 
brief periods at intervals ; 

(20) employees employed on a fee, contract, or piece work 
basis ; 

(21) employees who may lawfully perform their duties concur- 
rently with their private profession, business, or other employ- 
ment, and whose duties require only a portion of their time, when 
it is impracticable to ascertain or anticipate the proportion of time 
devoted to the service of the Government of the United States; 

(22) "teachers" and "teaching positions" as defined by section 
901 of title 20; 

(23) examiners-in-chief and designated examiners-in-chief in 
the Patent Office, Department of Commerce ; 

(24) temporary positions in the Bureau of the Census estab- 
lished under section 23 of title 13, and enumerator positions in the 
Bureau of the Census ; 

(25) positions for which rates of basic pay are individually 
fixed, or expressly authorized to be fixed, by other statute, at or 
in excess of the maximum rate for GS-18 ; 

(26) civilian members of the faculty of the Coast Guard 
Academy whose pay is fixed under section 186 of title 14; or 

(27) members of the special police force of the Library of 
Congress whose pay is fixed under section 167 of title 2. 

(d) This chapter does not apply to an employee of the Office of the 
Architect of the Capitol whose pay is fixed by other statute. Subsection 
(c) of this section, except paragraph (7), does not apply to the Office 
of the Architect of the Capitol. (Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 
444, amended Pub. L. 90-83. § 1(11), Sept, 11, 1967, 81 Stat. 197; Pub. 
L. 90-610, §2, Oct. 21, 1968, 82 Stat. 1201; Pub. L. 91-34, §2(a), 
June 30, 1969, 83 Stat, 41; Pub. L. 91-358, § 172(f), July 29, 1970, 
84 Stat. 591; Pub. L. 91-375, § 6(c) (9), Aug. 12, 1970, 84 Stat. 776; 
Pub. L. 93-176, § 1, Dec. 5. 1973, 87 Stat. 693; Pub. L. 94-183, § 2(12) 
and (13), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1221 and 1224.) 



189 Sec. 5103 

§5103. Determination of applicability 

The Office of Personnel Management shall determine finally the 
applicability of section 5102 of this title to specific positions and 
employees, except for positions and employees in the Office of the 
Architect of the Capitol. (Pub. L. 98-554, Sept. 6, 1966, 80 Stat. 446; 
amended Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1224.) 

§5104. Basis for grading positions 

The General Schedule, the symbol for which is "GS", is the basic 
pay schedule for positions to which this chapter applies. The General 
Schedule is divided into 18 grades of difficulty and responsibility of 
work, as follows : 

(1) Grade GS-1 includes those classes of positions the duties 
of which are to perform, under immediate supervision, with little 
or no latitude for the exercise of independent judgment — 

(A) the simplest routine work in office, business, or fiscal 
operations ; or 

(B) elementary work of a subordinate technical character 
in a professional, scientific, or technical field. 

(2) Grade GS-2 includes those classes of positions the duties 
of which are — 

(A) to perform, under immediate supervision, with 
limited latitude for the exercise of independent judgment, 
routine work in office, busienss, or fiscal operations, or com- 
parable subordinate technical work of limited scope in a pro- 
fessional, scientific, or technical field, requiring some training 
or experience ; or 

(B) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(3) Grade GS-3 includes those classes of positions the duties 
of which are — 

(A) to perform, under immediate or general supervision, 
somewhat difficult and responsible work in office, business, or 
fiscal operations, or comparable, subordinate technical work 
of limited scope in a professional, scientific, or technical field, 
requiring in either case — 

(i) some training or experience; 

(ii) working knowledge of a special subject matter; or 
(iii) to some extent the exercise of independent judg- 
ment in accordance with well-established policies, pro- 
cedures, and techniques ; or 

(B) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(4) Grade GS-4 includes those classes of positions the duties 
of which are — 

(A) to perform, under immediate or general supervision, 
moderately difficult and responsible work in office, business, 
or fiscal operations, or comparable subordinate technical work 
in a professional, scientific, or technical field, requiring in 
either case — 

(i) a moderate amount of training and minor super- 
visory or other experience ; 

35-550 O - 79 - 14 



Sec. 5104 190 

(ii) good working knowledge of a special subject mat- 
ter or a limited field of office, laboratory, engineering, 
scientific, or other procedure and practice; and 

(iii) the exercise of independent judgment in accord- 
ance with well-established policies, procedures, and tech- 
niques ; or 
(B) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(5) Grade GS-5 includes those classes of positions the duties 
of which are — 

(A) to perform, under general supervision, difficult and 
responsible work in office, business, or fiscal administration, 
or comparable subordinate technical work in a professional, 
scientific, or technical field, requiring in either case — 

(i) considerable training and supervisory or other 
experience ; 

(ii) broad working knowledge of a special subject 
matter or of office, laboratory, engineering, scientific, or 
other procedure and practice ; and 

(iii) the exercise of independent judgment in a limited 
field; 

(B) to perform, under immediate supervision, and with 
little opportunity for the exercise of independent judgment, 
simple and elementary work requiring professional, scientific, 
or technical training ; or 

(C) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(6) Grade GS-6 includes those classes of positions the duties 
of which are — 

(A) to perform, under general supervision, difficult and 
responsible work in office, business, or fiscal administration, 
or comparable subordinate technical work in a professional, 
scientific, or technical field, requiring in either case — 

(i) considerable training and supervisory or other 
experience ; 

(ii) broad working knowledge of a special and com- 
plex subject matter, procedure, or practice, or of the 
principles of the profession, art, or science involved ; and 

(iii) to a considerable extent the exercise of independ- 
ent judgment; or 

(B) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(7) Grade GS-7 includes those classes of positions the duties of 
which are — 

(A) to perform, under general supervision, work of con- 
siderable difficulty and responsibility along special teclmical 
or supervisory lines in office, business, or fiscal administration, 
or comparable subordinate technical work in a professional, 
scientific, or technical field, requiring in either case — 

(i) considerable specialized or supervisory training 
and experience ; 



191 Sec. 5104 

(ii) comprehensive working knowledge of a special 
and complex subject matter; procedure, or practice, or 
of the principles of the profession, art, or science in- 
volved; and 

(iii) to a considerable extent the exercise of independ- 
ent judgment; or 

(B) under immediate or general supervision, to perform 
somewhat difficult work requiring — 

(i) professional, scientific, or technical training; and 
(ii) to a limited extent, the exercise of independent 
technical judgment; or 

(C) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(8) Grade GS-8 includes those classes of positions the duties 
of which are — 

(A) to perform, under general supervision, very difficult 
and responsible work along special technical or supervisory 
lines in office, business, or fiscal administration, requiring — 

(i) considerable specialized or supervisory training 
and experience ; 

(ii) comprehensive and thorough working knowledge 
of a specialized and complex subject matter, procedure, 
or practice, or of the principles of the profession, art, or 
science involved ; and 

(iii) to a considerable extent the exercise of independ- 
ent judgment; or 

(B) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(9) Grade GS-9 includes those classes of positions the duties 
of which are — 

(A) to perform, under general supervision, very difficult 
and responsible work along special technical, supervisory, or 
administrative lines in office, business, or fiscal administra- 
tion, requiring — 

(i) somewhat extended specialized training and con- 
siderable specialized, supervisory, or administrative ex- 
perience which has demonstrated capacity for sound in- 
dependent work ; 

(ii) thorough and fundamental knowledge of a special 
and complex subject matter, or of the profession, art, 
or science involved; and 

(iii) considerable latitude for the exercise of inde- 
pendent judgment; 

(B) with considerable latitude for the exercise of inde- 
pendent judgment, to perform moderately difficult and re- 
sponsible work, requiring — 

(i) professional, scientific, or technical training equiv- 
alent to that represented by graduation from a college 
or university of recognized standing ; and 

(ii) considerable additional professional, scientific, or 
technical training or experience which has demon- 
strated capacity for sound independent work; or 



Sec. 5104 192 

(C) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(10) Grade GS-10 includes those classes of positions the duties 
of which are — 

(A) to perform, under general supervision, highly difficult 
and responsible work along special technical, supervisory, or 
administrative lines in office, business, or fiscal administra- 
tion, requiring — 

( i ) somewhat extended specialized, supervisory, or ad- 
ministrative training and experience which has demon- 
strated capacity for sound independent work ; 

(ii) thorough and fundamental knowledge of a spe- 
cialized and complex subject matter, or of the profession, 
art, or science involved ; and 

(iii) considerable latitude for the exercise of inde- 
pendent judgment; or 

(B) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(11) Grade GS-11 includes those classes of positions the duties 
of which are — 

(A) to perform, under general administrative supervision 
and with wide latitude for the exercise of independent judg- 
ment, work of marked difficulty and responsibility along spe- 
cial technical, supervisory, or administrative lines in office, 
business, or fiscal administration, requiring — 

(i) extended specialized, supervisory, or administra- 
tive training and experience which has demonstrated im- 
portant attainments and marked capacity for sound 
independent action or decision ; and 

(ii) intimate grasp of a specialized and complex sub- 
ject matter, or of the profession, art, or science involved, 
or of administrative work of marked difficulty ; 

(B) with wide latitude for the exercise of independent 
judgment, to perform responsible work of considerable diffi- 
culty requiring somewhat extended professional, scientific, 
or technical training and experience which has demonstrated 
important attainments and marked capacity for independent 
work; or 

(C) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(12) Grade GS-12 includes those classes of positions the duties 
of which are — 

(A) to perform, under general administrative supervision, 
with wide latitude for the exercise of independent judgment, 
work of a very high order of difficulty and responsibility 
along special technical, supervisory, or administrative lines 
in office, business, or fiscal administration, requiring — 

(i) extended specialized, supervisory, or administra- 
tive training and experience which has demonstrated 
leadership and attainments of a high order in specialized 
or administrative work ; and 






193 Sec* 5104 

(ii) intimate grasp of a specialized and complex sub- 
ject matter or of the profession, art, or science involved; 

(B) under general administrative supervision, and with 
wide latitude for the exercise of independent judgment, to 
perform professional, scientific, or technical work of marked 
difficulty and responsibility requiring extended professional, 
scientific, or technical training and experience which has dem- 
onstrated leadership and attainments of a high order in pro- 
fessional scientific, or technical research, practice, or admin- 
istration; or 

(C) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(13) Grade GS-13 includes those classes of positions the duties 
of which are — 

(A) to perform, under administrative direction, with wide 
latitude for the exercise of independent judgment, work of 
unusual difficulty and responsibility along special technical, 
supervisory, or administrative lines, requiring extended spe- 
cialized, supervisory, or administrative training and ex- 
perience which has demonstrated leadership and marked 
attainments ; 

(B) to serve as assistant head of a major organization in- 
volving work of comparable level within a bureau ; 

(C) to perform, under administrative direction, with wide 
latitude for the exercise of independent judgment, work of 
unusual difficulty and responsibility requiring extended pro- 
fessional, scientific, or technical training and experience 
which has demonstrated leadership and marked attainments 
in professional, scientific, or technical research, practice, or 
administration ; or 

(D) to perform other work of equal importance, difficulty, 
and responsibility, and requiring comparable qualifications. 

(14) Grade GS-14 includes those classes of positions the duties 
of which are — 

(A) to perform, under general administrative direction, 
with wide latitude for the exercise of independent judgment; 
work of exceptional difficulty and responsibility along special 
technical, supervisory, or administrative lines which has 
demonstrated leadership and unusual attainments ; 

(B) to serve as head of a major organization within a 
bureau involving work of comparable level ; 

(C) to plan and direct or to plan and execute major pro- 
fessional, scientific, technical, administrative, fiscal, or other 
specialized programs, requiring extended training and ex- 
perience which has demonstrated leadership and unusual 
attainments in professional, scientific, or technical research, 
practice, or administration, or in administrative, fiscal, or 
other specialized activities ; or 

(D) to perform consulting or other professional, scien- 
tific, technical, administrative, fiscal, or other specialized 
work of equal importance, difficulty, and responsibility, and 
requiring comparable qualifications. 



Sec. 5104 194 

(15) Grade GS-15 includes those classes of positions the duties 
of which are — 

(A) to perform, under general administrative direction, 
with very wide latitude for the exercise of independent judg- 
ment, work of outstanding difficulty and responsibility along 
special technical, supervisory, or administrative lines which 
has demonstrated leadership and exceptional attainments ; 

(B) to serve as head of a major organization within a 
bureau involving work of comparable level ; 

(C) to plan and direct or to plan and execute specialized 
programs of marked difficulty, responsibility, and national 
significance, along professional, scientific, technical, adminis- 
trative, fiscal, or other lines, requiring extended training and 
experience which has demonstrated leadership and unusual 
attainments in professional, scientific, or technical research 
practice, or administration, or in administrative, fiscal, or 
other specialized activities ; or 

(D) to perform consulting or other professional, scientific, 
technical, administrative, fiscal, or other specialized work of 
equal importance, difficulty, and responsibility, and requiring 
comparable qualifications. 

(16) Grade GS-16 includes those classes of positions the duties 
of which are — 

(A) to perform, under general administrative direction, 
with unusual latitude for the exercise of independent judg- 
ment, work of outstanding difficulty and responsibility along 
special technical, supervisory, or administrative lines which 
has demonstrated leadership and exceptional attainments ; 

(B) to serve as head of a major organization within a 
bureau involving work of comparable level ; 

(C) to plan and direct or to plan and execute professional, 
scientific, technical, administrative, fiscal, and other special- 
ized programs of unusual difficulty, responsibility, and 
national significance, requiring extended training and experi- 
ence which has demonstrated leadership and exceptional at- 
tainments in professional, scientific, or technical research, 
practice, or administration, or in administrative, fiscal, or 
other specialized activities ; or 

(D) to perform consulting or other professional, scientific, 
technical, administrative, fiscal, or other specialized work 
of equal importance, difficulty, and responsibility, and re- 
quiring comparable qualifications. 

(17) Grade GS-17 includes those classes of positions the duties 
of which are — 

(A) to serve as the head of a bureau where the position, 
considering the kind and extent of the authorities and respon- 
sibilities vested in it, and the scope, complexity, and degree of 
difficulty of the activities carried on, is of a high order among 
the whole group of positions of heads of bureaus ; 

(B) to plan and direct or to plan and execute professional, 
scientific, technical, administrative, fiscal, or other specialized 
programs of exceptional difficulty, responsibility, and na- 






195 Sec. 5105 

tional significance, requiring extended training and experi- 
ence which has demonstrated exceptional leadership and 
attainments in professional, scientific, or technical research, 
practice, or administration, cr in administrative, fiscal, or 
other specialized activities ; or 

(C) to perform consulting or other professional, scientific, 
technical, administrative, fiscal, or other specialized work of 
equal importance, difficulty, and responsibility, and requir- 
ing comparable qualifications. 
(18) Grade GS-18 includes those classes of positions the duties 
of which are — 

(A) to serve as the head of a bureau where the position, 
considering the kind and extent of the authorities and re- 
sponsibilities vested in it, and the scope, complexity, and de- 
gree of difficulty of the activities carried on, is exceptional 
and outstanding among the whole group of positions of heads 
of bureaus; 

(B) to plan and direct or to plan and execute frontier or 
unprecedented professional, scientific, technical, administra- 
tive, fiscal, or other specialized programs of outstanding 
difficulty, responsibility, and national significance, requiring 
extended training and experience which has demonstrated 
outstanding leadership and attainments in professional, sci- 
entific, or technical research, practice, or administration, or 
in administrative, fiscal, or other specialized activities; or 

(C) to perform consulting or other professional, scientific, 
technical, administrative, fiscal, or other specialized work of 
equal importance, difficulty, and responsibility, and requiring 
comparable qualifications. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 446.) 

§5105. Standards for classification of positions 

(a) The Office of Personnel Management, after consulting the agen- 
cies, shall prepare standards for placing positions in their proper 
classes and grades. The Office may make such inquiries or investiga- 
tions of the duties, responsibilities, and qualification requirements of 
positions as it considers necessary for this purpose. The agencies, on 
request of the Office, shall furnish information for and cooperate in 
the preparation of the standards. In the standards, which shall be 
published in such form as the Office may determine, the Office shall — 

(1) define the various classes of positions in terms of duties, 
responsibilities, and qualification requirements; 

(2) establish the official class titles; and 

(3) set forth the grades in which the classes have been placed 
by the Office. 

(b) The Office, after consulting the agencies to the extent consid- 
ered necessary, shall revise, supplement, or abolish existing standards, 
or prepare new standards, so that, as nearly as may be practicable, 
positions existing at any given time will be covered by current pub- 
lished standards. 

(c) The official class titles established under subsection (a) (2) of 
this section shall be used for personnel, budget, and fiscal purposes. 



Sec. 5106 196 

However, this requirement does not prevent the use of organizational 
or other titles for internal administration, public convenience, law en- 
forcement, or similar purposes. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
452; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§ 5106. Basis for classifying positions 

(a) Each position shall be placed in its appropriate class. The basis 
for determining the appropriate class is the duties and responsibili- 
ties of the position and the qualifications required by the duties and 
responsibilities. 

(b) Each class shall be placed in its appropriate grade. The basis 
for determining the appropriate grade is the level of difficulty, re- 
sponsibility, and qualification requirements of the work of the class, 

(c) Appropriated funds may not be used to pay an employee who 
places a supervisory position in a class and grade solely on the basis 
of the size of the organization unit or the number of subordinates su- 
pervised. These factors may be given effect only to the extent war- 
ranted by the work load of the organization unit and then only in 
combination with other factors, such as the kind, difficulty, and com- 
plexity of work supervised, the degree and scope of responsibility 
delegated to the supervisor, and the kind, degree, and character of the 
supervision exercised. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453.) 

§5107. Classification of positions 

Except as otherwise provided by this chapter, each agency shall 
place each position under its jurisdiction in its appropriate class and 
grade in conformance with standards published by the Office of Per- 
sonnel Management or, if no published standards apply directly, 
consistently with published standards. When facts warrant, an agency 
may change a position which it has placed in a class or grade under 
this section from that class or grade to another class or grade. Subject 
to subchapter VI of chapter 53 of this title, these actions of an agency 
are the basis for pay and personnel transactions until changed by 
certificate of the Office. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 4535; 
amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1222 and 1224.) 

§ 5108. Classification of positions at GS-16, 17, and 18 

(a) The Director of the Office of Personnel Management may estab- 
lish, and from time to time revise, the maximum numbers of positions 
(not to exceed an aggregate of 10,777) which may at any one time be 
placed in — 

(i) GS-16, 17, and 18; and 

(ii) the Senior Executive Service, in accordance with section 
3133 of this title. 
A position may be placed in GS-16, 17, or 18, only by action of the 
Director of the Office of Personnel Management. The authority of the 
Director under this subsection shall be carried out by the President in 
the case of positions proposed to be placed in GS-16, 17, and 18 in the 
Federal Bureau of Investigation. 

(b) (1) The number of positions of senior specialists in the Legisla- 
tive Reference Service, Library of Congress, placed in GS-16, 17, 
and 18 under the proviso in section 166(b) (1) of title 2 are in addition 
to the number of positions authorized by subsection (a) of this section. 



197 Sec. 5109 






(2) In addition to the number of positions authorized by subsection 
(a) of this section and positions referred to in paragraph (1) of this 
subsection, the Librarian of Congress, subject to the procedures pre- 
scribed by this section, may place a total of 44 positions in the Library 
of Congress in GS-16, 17, and 18. 

(c) In addition to the number of positions authorized by subsec- 
tion (a) of this section — 

(1) the Comptroller General of the United States, subject to 
the procedures prescribed by this section, may place a total of 
90 positions in the General Accounting Office in GS-16, 17, and 

18 5 

(2) the Director of the Administrative Office of the United 

States Courts may place a total of 4 positions in GS-17 ; and 

(3) the Director of the Administrative Office of the United 
States Courts, subject to the standards and procedures prescribed 
by this chapter, may place a total of 15 positions in GS-16, 17, 
and 18. 

(17) 1 the heads of executive departments or agencies in which 
boards of contract appeals are established pursuant to the Con- 
tract Disputes Act of 1978, and subject to the standards and proce- 
dures prescribed by this chapter, but without regard to subsection 
(d) of this section, may place additional positions, not to exceed 
seventy in number, in GS-16, GS-17, and GS-18 for the inde- 
pendent quasi- judicial determination of contract disputes, with 
the allocation of such positions among such executive departments 
and agencies determined by the Administrator for Federal Pro- 
curement Policy on the basis of relative case load. 
(d)-(g) Repealed. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1177.) 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453, amended Pub. L. 89-632, 
§ l(a)-(d), Oct, 8, 1966, 80 Stat. 878; Pub. L. 90-83, § 1(12), Sept. 11, 
1967, 81 Stat. 197; Pub. L 91-187, Dec. 30, 1969, 83 Stat, 850; Pub. L. 
91-206, § 5(a), Mar. 10, 1970. 84 Stat. 51; Pub. L. 91-596, § 30, Dec. 29, 
1970, 84 Stat. 1619; Pub. L. 91-644, § 11, Jan. 2, 1971, 84 Stat. 1889; 
Pub L. 91-656, § 9, Jan. 8, 1971, 84 Stat. 1955; Pub. L. 92-261, § 12 
Mar. 24, 1972, 86 Stat. 112; Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat! 
211; Pub. L. 93-282, § 301, May 14, 1974, 88 Stat, 137; Pub. L. 93-106, 
§§ 507(b), 1051(b) (2), 4002(c), Sept. 2, 1974, 88 Stat 894, 951, 1005; 
Pub. L. 93^15, § 201(g), Sept. 7, 1974, 88 Stat. 1113; Pub. L. 93^63, 
§410, Oct. 23, 1974, 88 Stat. 1414; Pub. L. 93-516, § 208(b), Dec. 7, 
1974, 88 Stat 1629 ; Pub. L. 94-183, § 2(14) and (15) , Dec. 31, 1975, 89 
Stat. 1057; Pub. L. 94-233, § 13, Mar. 15, 1976, 90 Stat. 233; Pub. L. 
94-503, Oct. 15, 1976, 90 Stat. 2426 ; Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 
609; Pub L. 95-190, Xov. 16, 1977, 91 Stat. 1398; Pub. L. 95-219, 
Dec. 28, 1977, 91 Stat, 1614; Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 
183; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1177; Pub. L. 95-486, 
Oct. 20, 1978, 92 Stat. 1634 ; Pub. L. 95-563, Xov. 1, 1978, 92 Stat, 2390 ; 
Pub. L. 95-612, Nov. 8, 1978, 92 Stat, 3091 ; Pub. L. 95-624, Xov. 9, 
1978, 92 Stat. 3466; Pub. L. 95-630, Xov. 10, 1978, 92 Stat, 3681.) 

§5109. Positions classified by statute 

(a) The position held by an employee of the Department of Agri- 
culture while he, under section 450d of title 7, is designated and vested 



Probably should be "(4) 



Sec. 5111 198 

with a delegated regulatory function or part thereof shall be classified 
in accordance with this chapter, but not lower than GS-14. 

(b) The position held by the employee appointed under section 
7802(b) of the Internal Revenue Code of 1954 is classified at GS-18, 
and is in addition to the number of positions authorized by section 
5108(a) of this title. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455, amended Pub. L. 91-34, 
§2(b), June 30, 1969, 83 Stat. 41; Pub. L. 93-406, § 1051(b)(1), 
Sept. 2, 1974, 88 Stat. 951 ; Pub. L. 95-454, Oct, 13, 1978, 92 Stat. 1226.) 

§5110. Review of classification of positions 

(a) The Office of Personnel Management, from time to time, shall 
review such number of positions in each agency as will enable the 
Office to determine whether the agency is placing positions in classes 
and grades in conformance with or consistently with published 
standards. 

(b) When the Office finds under subsection (a) of this section that 
a position is not placed in its proper class and grade in conformance 
with published standards or that a position for which there is no 
published standard is not placed in the class and grade consistently 
with published standards, it shall, after consultation with appropriate 
officials of the agency concerned, place the position in its appropriate 
class and grade and shall certify this action to the agency. The agency 
shall act in accordance with the certificate, and the certificate is bind- 
ing on all administrative, certifying, payroll, disbursing, and account- 
ing officials. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455; amended 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1226.) 

§ 5111. Revocation and restoration of authority to classify 
positions 

(a) When the Office of Personnel Management finds that an agency 
is not placing positions in classes and grades in conformance with or 
consistently with published standards, it may revoke or suspend the 
authority granted to the agency by section 5107 of this title and 
require that prior approval of the Office be secured before an action 
placing a position in a class and grade becomes effective for payroll 
and other personnel purposes. The Office may limit the revocation or 
suspension to — 

( 1 ) the departmental or field service, or any part thereof ; 

(2) a geographic area ; 

(3) an organization unit or group of organization units ; 

(4) certain types of classification actions; 

( 5 ) classes in particular occupational groups or grades ; or 

(6) classes for which standards have not been published. 

(b) After revocation or suspension, the Office may restore the 
authority to the extent that it is satisfied that later actions placing 
positions in classes and grades will be in conformance with or consist- 
ent with published standards. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
455 ; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1226.) 

§ 5112. General authority of the Office of Personnel Management 

(a) Notwithstanding section 5107 of this title, the Office of Per- 
sonnel Management may — 4 






51 199 Sec. 5113 

(1) ascertain currently the facts as to the duties, responsibili- 
ties, and qualification requirements of a position ; 

(2) place in an appropriate class and grade a newly created 
position or a position coming initially under this chapter ; 

(3) decide whether a position is in its appropriate class and 
grade; and 

(4) change a position from one class or grade to another class 
or grade when the facts warrant. 

The Office shall certify to the agency concerned its action under para- 
graph (2) or (4) of this subsection. The agency shall act in accord- 
ance with the certificate, and the certificate is binding on all adminis- 
trative, certifying, payroll, disbursing, and accounting officials. 

(b) An employee affected or an agency may request at any time that 
the Office exercise the authority granted to it by subsection (a) of 
this section and the Office shall act on the request. (Pub. L. 89-554, 
Sept. 6, 1966,, 80 Stat. 456; amended Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1224.) 

§5113. Classification records 

• The Office of Personnel Management may — 

(1) prescribe the form in which each agency shall record the 
duties and responsibilities of positions and the place where these 
records shall be maintained ; 

(2) examine these or other pertinent records of the agency; and 

(3) interview employees of the agency who have knowledge 
of the duties and responsibilities of positions and information 
as to the reasons for placing a position in a class or grade. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; amended Pub. L. 95^54, 
Oct. 13, 1978, 92 Stat, 12241.) 

§5114. Reports; positions in GS-16, 17, and 18 

(a) The Office of Personnel Management, with respect to positions 
under section 5108(a) of this title, the head of the agency concerned, 
with respect to positions under sections 5108 (b), (c) and 5109(b) of 
this title, and the appropriate authority, with respect to positions 
under jurisdiction of the authority which are allocated to or placed 
in GS-16, 17, and 18, including positions so allocated or placed on 
a temporary or present incumbency basis, under reorganization plan 
or statute, except sections 5108 and 5109 of this title, shall submit, 
so long as the reorganization plan or statute remains in effect, to 
Congress, not later than February 1 of each year, a report setting 
forth— 

(1) the total number of positions allocated to or placed in all 
these grades during the immediately preceding calendar year, 
the total number of positions allocated to or placed in each of 
these grades during the immediately preceding calendar year, 
and the total number of these positions in existence during the 
immediately preceding calendar year and the grades to or in 
which the total number of positions in existence are allocated 

neni or placed ; 

(2) the name, rate of pay, and description of the qualifications 
| of the incumbent of each of these positions, together with the 



Sec. 5115 200 

position title and a statement of duties and responsibilities per- 
formed by the incumbent ; 

(3) the position or positions in or outside the Government of 
the United States held by each of these incumbents, and his rate 
or rates of pay, during the 5-year period immediately preceding 
the date of his appointment to the position ; and 

(4) such other information as the Office of Personnel Manage- 
ment, the head of the agency, or other appropriate authority sub- 
mitting the report may consider appropriate or as may be re- 
quired by Congress or a committee thereof. 

This subsection does not require the resubmission of information re- 
quired by paragraphs (2) and (3) of this subsection which has been 
reported under this subsection and which remains unchanged. 

(b) When the Office, the head of the agency, or other appropriate 
authority considers full public disclosure of any or all of the items 
specified by subsection (a) of this section to be detrimental to the na- 
tional security, the Office, the head of the agency, or authority may — 

( 1 ) omit from the annual report those items with respect to 
which full public disclosure is found to be detrimental to the 
national security ; 

(2) inform Congress of the omission ; and 

(3) at the request of the Congressional committee to which 
the report is referred, present all information concerning those 
items. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1224.) 

§5115. Regulations 

The Office of Personnel Management may prescribe regulations 
necessary for the administration of this chapter, except sections 5109 
and 5114. (Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 457 ; amended Pub. L. 
95-454, Oct, 13, 1978, 92 Stat. 1224.) 






i 



CHAPTER 53— PAY RATES AND SYSTEMS 

SUBCHAPTER I— PAY COMPARABILITY SYSTEM 

Sec. 

5301. Policy. 

5302. [Repealed.] 

5303. Higher minimum rates ; Presidential authority. 

5304. Presidential policies and regulations. 

5305. Annual pay reports and adjustments. 

5306. Advisory Committee on Federal Pay. 

5307. Pay fixed by administrative action. 

5308. Pay limitation. 

SUBCHAPTER II— EXECUTIVE SCHEDULE PAY RATES 

5311. The Executive Schedule. 

5312. Positions at level I. 

5313. Positions at level II. 

5314. Positions at level III. 

5315. Positions at level IV. 

5316. Positions at level V. 

5317. Presidential authority to place positions at levels IV and V. 

5318. Adjustments in rates of pay. 

SUBCHAPTER III— GENERAL SCHEDULE PAY RATES 

5331. Definitions; application. 

5332. The General Schedule. 

5333. Minimum rate for new appointments; higher rates for supervisors of 

wage-board employees. 

5334. Rate on change of position or type of appointment; regulations. 

5335. Periodic step-increases. 

5336. Additional step-increases. 

5337. [Repealed.] 

5338. Regulations. 

SUBCHAPTER IV— PREVAILING RATE SYSTEMS 

5341. Policy. 

5342. Definitions; application. 

5343. Prevailing rate of wage increase ; retroactive pay. 

5344. Effective date of wage increase ; retroactive pay. 

5345. [Repealed.] 

5346. Job grading system. 

5347. Federal Prevailing Rate Advisory Committee. 

5348. Crews of vessels. 

5349. Prevailing rate employees ; legislative, judicial, Bureau of Engraving and 

Printing, and government of the District of Columbia. 

SUBCHAPTER V— STUDENT-EMPLOYEES 

5351. Definitions. 

5352. Stipends. 

5353. Quarters, subsistence, and laundry. 

5354. Effect of detail or affiliation ; travel expenses. 

5355. Effect on other statutes. 

5356. Appropriations. 

(201) 



202 

SUBCHAPTER VI— GRADE AND PAY RETENTION 

5361. Definitions. 

5362. Grade retention following a change of positions or reclassification. 

5363. Pay retention. 

5364. Remedial actions. 

5365. Regulations. 

5366. Appeals. 

SUBCHAPTER VII— MISCELLANEOUS PROVISIONS 

5371. Scientific and professional positions. 

5372. Administrative law judges. 

5373. Limitation on pay fixed by administrative action. 

5374. Miscellaneous positions in the executive branch. 

5375. Police force of National Zoological Park. 

SUBCHAPTER VIII— PAY FOR THE SENIOR EXECUTIVE SERVICE 

5381. Definitions. 

5382. Establishment and adjustment of rates of pay for the Senior Executive 

Service. 

5383. Setting individual senior executive pay. 

5384. Performance awards in the Senior Executive Service. 

5385. Regulations. 



I 



Sec. 5301 



tan 



SUBCHAPTER I— PAY COMPARABILITY SYSTEM 

§5301. Policy 

(a) It is the policy of Congress that Federal pay fixing for employ- 
ees under statutory pay systems be based on the principles that — 

(1) there be equal pay for substantially equal work ; 

(2) pay distinctions be maintained in keeping with work and 
performance distinctions ; 

(3) Federal pay rates be comparable with private enterprise 
pay rates for the same levels of work ; and 

(4) pay levels for the statutory pay systems be interrelated. 

(b) The pay rates of each statutory pay system shall be fixed and 
adjusted in accordance with the principles under subsection (a) of 
this section and the provisions of sections 5305, 5306, and 5308 of this 
title. 

(c) For the purpose of this subchapter, "statutory pay system" 
means a pay system under — 

(1) subchapter III of this chapter, relating to the General 
Schedule ; 

(2) subchapter IV of chapter 14 of title 22, relating to the 
Foreign Service of the United States ; or 

(3) chapter 73 of title 38, relating to the Department of Medi- 
cine and Surgery, Veterans' Administration. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458, amended Pub. L. 91-656, 
§ 2(a), Jan. 8, 1971, 84 Stat. 1946.) 

§5302. Repealed. Pub. L. 91-656; § 2(b)(1), Jan. 8, 1971, 84 Stat. 
1946. 

§5303. Higher minimum rates ; Presidential authority 

(a) When the President finds that the pay rates in private enter- 
prise for one or more occupations in one or more areas or locations are 
so substantially above the pay rates of statutory pay schedules as to 
handicap significantly the Government's recruitment or retention of 
well-qualified individuals in positions paid under — 

( 1 ) section 5332 of this title ; 

(2) Repealed. Pub. L. 91-375, § 6(c) (10) Aug. 12, 1970, 84 Stat. 
776; 

(3) the pay scales for physicians, dentists, and nurses in the 
Department of Medicine and Surgery, Veterans' Administration, 
under chapter 73 of title 38 ; or 

(4) sections 867 and 870 of title 22 ; 

he may establish for the areas or locations higher minimum rates of 
basic pay for one or more grades or levels, occupational groups, series, 
classes, or subdivisions thereof, and may make corresponding increases 

(203) 



Sec. 5304 204 



in all step rates of the pay range for each such grade or level. However, 
a minimum rate so established may not exceed the maximum pay rate 
prescribed by statute for the grade or level. The President may author- 
ize the exercise of the authority conferred on him by this section by 
the Office of Personnel Management or, in the case of individuals not 
subject to the provisions of this title governing appointment in the 
competitive service, by such other agency as he may designate. 

(b) Within the limitations of subsection (a) of this section, rates 
of basic pay established under that subsection may be revised from 
time to time by the President or by such agency as he may designate. 
The actions and revisions have the force and effect of statute. 

(c) An increase in rate of basic pay established under this section 
is not an equivalent increase in pay within the meaning of section 
5335(a) of this title. 

(d) The rate of basic pay established under this section and received 
by an individual immediately before a statutory increase, which 
becomes effective prior to, on, or after the date of enactment of the 
statute, in the pay schedule applicable to such individual of any pay 
system specified in subsection (a) of this section, shall be initially 
adjusted, effective on the effective date of the statutory increase, under 
conversion rules prescribed by the President or by such agency as the 
President may designate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458, 
amended Pub. L. 90-206, § 207, Dec. 16, 1967, 81 Stat. 631 ; Pub. L. 
91-375, § 6(c) (10), Aug. 12, 1970, 84 Stat. 776; Pub. L. 94-183, § 2(16), 
Dec. 31, 1975, 89 Stat. 1057; amended Pub. L. 95^54, Oct. 13, 1978, 
92 Stat. 1224.) 

§5304. Presidential policies and regulations 

The functions, duties, and regulations of the agencies and the Office 
of Personnel Management with respect to this subchapter, subchapter 
III of this chapter, chapter 51 of this title, chapter 14 of title 22, and 
the provisions of chapter 73 of title 38 relating to employees in the 
Department of Medicine and Surgery, Veterans' Administration, are 
subject to such policies and regulations as the President may prescribe. 
Among other things, the policies and regulations of the President may 
provide for — 

(1) preparing and reporting to him the annual comparison of 
Federal pay rates with private enterprise rates ; 

(2) obtaining and reporting to him the views of employee 
organizations on the annual comparison, and on other pay 
matters ; 

(3) reviewing and reporting to him on the adequacy of the 
Federal statutory pay structures for the Federal programs to 
which they apply ; 

(4) reviewing the relationship of Federal statutory pay rates 
and private enterprise pay rates in specific occupation and local 
areas ; and 

(5) providing step-increases in recognition of high quality per- 
formance and providing for properly relating supervisory pay 
rates paid under one system to those of subordinates paid under 
another system. 



i 



ft 205 Sec. 5305 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 459, amended Pub. L. 91-375, 
§ (6) (c) (11), Aug. 12, 1970, 84 Stat. 776; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1224. ) 

§5305. Annual pay reports and adjustments 

(a) In order to carry out the policy stated in section 5301 of this 
title, the President shall — 

(1) direct such agent as he considers appropriate to prepare 
and submit to him annually, after considering such views and 
recommendations as may be submitted under the provisions of 
subsection (b) of this section, a report that — 

(A) compares the rates of pay of the statutory pay systems 
with the rates of pay for the same levels of work in private 
enterprise as determined on the basis of appropriate annual 
surveys that shall be conducted by the Bureau of Labor 
Statistics ; 

(B) makes recommendations for appropriate adjustments 
in rates of pay; and 

(C) includes the views and recommendations submitted 
under the provisions of subsection (b) of this section; 

(2) after considering the report of his agent and the findings 
and recommendations of the Advisory Committee on Federal Pay 
reported to him under section 5306(b) (3) of this title, adjust the 
rates of pay of each statutory pay system in accordance with the 
principles under section 5301(a) of this title, effective as of the 
beginning of the first applicable pay period commencing on or 

| after October 1 of the applicable year ; and 

(3) transmit to Congress a report of the pay adjustment, to- 
gether with a copy of the report submitted to him by his agent and 
the findings and recommendations of the Advisory Committee on 
Federal Pay reported to him under section 5306(b) (3) of this 
title. 

The report transmitted to the Congress under this subsection shall 
specify the overall percentage of the adjustment in the rates of pay 
under the General Schedule and of the adjustment in the rates of pay 
under the other statutory pay systems. 

(b) In carrying out its functions under subsection (a) (1) of this 
section, the President's agent shall — 

(1) establish a Federal Employees Pay Council of 5 members 
who shall not be deemed to be employees of the Government of the 
United States by reason of appointment to the Council and shall 
not receive pay by reason of service as members of the Council, 
who shall be representatives of employee organizations which 
represent substantial numbers of employees under the statutory 
pay systems, and who shall be selected with due consideration to 
such factors as the relative numbers of employees represented by 
the various organizations, but no more than 3 members of the 
Council at any one time shall be from a single employee organiza- 
tion, council, federation, alliance, association, or affiliation of 
employee organizations ; 

(2) provide for meetings with the Federal Employees Pay 
Council and give thorough consideration to the views and recom- 



I 



35-550 O - 79 - 15 



Sec. 5305 206 

mendations of the Council and the individual views and recom- 
mendations, if any, of the members of the Council regarding — 

(A) the coverage of the annual survey conducted by the 
Bureau of Labor Statistics under subsection (a) (1) of this 
section (including, but not limited to, the occupations, estab- 
lishment sizes, industries, and geographical areas to be 
surveyed) ; 

(B) the process of comparing the rates of pay of the statu- 
tory pay systems with rates of pay for the same levels of work 
in private enterprise; and 

(C) the adjustments in the rates of pay of the statutory 
pay systems that should be made to achieve comparability be- 
tween those rates and the rates of pay for the same levels of 
work in private enterprise; 

(3) give thorough consideration to the views and recommenda- 
tions of employee organizations not represented on the Federal 
Employees Pay Council regarding the subjects in paragraph (2) 
(A) -(C) of this subsection; and 

(4) include in its report to the President the views and recom 
mendations submitted as provided in this subsection by the Fed 
eral Employees Pay Council, by any member of that Council, and 
by employee organizations not represented on that Council. 

(c) (1) If, because of national emergency or economic conditions 
affecting the general welfare, the President should, in any year, con- 
sider it inappropriate to make the pay adjustment required by sub- 
section (a) of this section, he shall prepare and transmit to Congress 
before September 1 of that year such alternative plan with respect to 
a pay adjustment as he considers appropriate, together with the rea- 
sons therefor, in lieu of the pay adjustments required by subsection 
(a) of this section. The report transmitted to the Congress under this 
subsection shall specify the overall percentage of the adjustment in 
the rates of pay under the General Schedule and of the adjustment in 
the rates of pay under the other statutory pay systems. 

(2) An alternative plan transmitted by the President under para- 
graph (1) of this subsection becomes effective on the first day of the 
first applicable pay period commencing on or after October 1 of the 
applicable year and continues in effect unless, before the end of the first 
period of 30 calendar days of continuous session of Congress after the 
date on which the alternative plan is transmitted, either House adopts 
a resolution disapproving the alternative plan so recommended and 
submitted, in which case the pay adjustments for the statutory pal 
systems shall be made effective as provided by subsection (m) of this 
section. The continuity of a session is broken only by an adjournment 
of the Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than 3 days to a day certain 
are excluded in the computation of the 30-day period. 

(d) Subsections (e)-(k) of this section are enacted by Congress — 
(1) as an exercise of the rulemaking power of the Senate and 

the House of Representatives, respectively, and as such they are 
deemed a part of the rules of each House, respectively, but appli- 
cable only with respect to the procedure to be followed in the 



i 



207 Sec. 5305 

House in the case of resolutions described by this section ; and they 
supersede other rules only to the extent that they are inconsistent 
therewith: and 

(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time, in the same manner, and to the same 
extent as in the case of any other rule of that House. 

(e) If the committee, to which has been referred a resolution dis- 
approving the alternative plan of the President, has not reported the 
resolution at the end of 10 calendar days after its introduction, it is in 
order to move either to discharge the committee from further consid- 
eration of the resolution or to discharge the committee from further 
consideration of any other resolution with respect to the same plan 
which has been referred to the committee. 

(f) A motion to discharge may be made only by an individual fa- 
voring the resolution, is highly privileged (except that it may not be 
made after the committee has reported a resolution with respect to the 
same recommendation) , and debate thereon is limited to not more than 
1 hour, to be divided equally between those favoring and those oppos- 
ing the resolution. An amendment to the motion is not in order, and it 
is not in order to move to reconsider the vote by which the motion is 
agreed to or disagreed to. 

(g) If the motion to discharge is agreed to, or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect to 
the same alternative plan. 

(h) When the committee has reported, or has been discharged from 
further consideration of, a resolution with respect to an alternative 
plan, it is at any time thereafter in order (even though a previous 
motion to the same effect has been disagreed to) to move to proceed to 
the consideration of the resolution. The motion is highly privileged 
and is not debatable. An amendment to the motion is not in order, and 
it is not in order to move to reconsider the vote by which the motion is 
agreed to or disagreed to. 

(i) Debate on the resolution is limited to not more than 2 hours, to 
be divided equally between those favoring and those opposing the reso- 
lution. A motion further to limit debate is not debatable. An amend- 
ment to, or motion to recommit, the resolution is not in order, and it 
is not in order to move to reconsider the vote by which the resolution is 
agreed to or disagreed to. 

(j) Motions to postpone, made with respect to the discharge from 
committee, or the consideration of, a resolution with respect to an 
alternative plan, and motions to proceed to the consideration of other 
business, are decided without debate. 

(k) Appeals from the decisions of the Chair relating to the appli- 
cation of the rules of the Senate or the House of Representatives, as the 
case may be, to the procedure relating to a resolution with respect to 
an alternative plan are decided without debate. 

(1) The rates of pay which become effective under this section are 
the rates of pay applicable to each position concerned, and each class 
of positions concerned, under a statutory pay system. 



Sec. 5306 208 

(m) If either House adopts a resolution disapproving- an alterna- 
tive plan submitted under subsection (c) of this section, the President 
shall take the action required by paragraphs (2) and (3) of subsection 
(a) of this section and adjust the rates of pay of the statutory pay sys- 
tems effective as of the beginning of the first applicable pay period 
commencing on or after the date on which the resolution is adopted, or 
on or after October 1, whichever is later. 

(n) The rates of pay that take effect under this section shall modify, 
supersede, or render inapplicable, as the case may be, to the extent 
inconsistent therewith — 

(1) all provisions of law enacted prior to the effective date or 
dates of all or part (as the case may be) of the increases ; and 

(2) any prior recommendations or adjustments which took 
effect under this section or prior provisions of law. 

(o) The rates of pay that take effect under this section shall be 
printed in the Federal Register and the Code of Federal Regulations. 

(p) An increase in rates of pay that takes effect under this section is 
not an equivalent increase in pay within the meaning of section 5335 of 
this title. 

(q) Any rate of pay under this section shall be initially adjusted, 
effective on the effective date of the rate of pay, under conversion rules 
prescribed by the President or by such agencies as the President may 
designate. 

(r) This section does not impair any authority pursuant to winch 
rates of pay may be fixed by administrative action. (Added Pub. L. 
91-656, §3(a), Jan. 8, 1971, 84 Stat. 1946, amended Pub. L. 94-82, 
§ 202 (c) , Aug. 9, 1975, 89 Stat. 420.) 

§5306. Advisory Committee on Federal Pay 

(a) There is established as an independent establishment an Advi- 
sory Committee on Federal Pay, to be composed of 3 members, not 
otherwise employed in the Government of the United States, appointed 
by the President. The Director of the Federal Mediation and Concilia- 
tion Service shall, and other interested parties may, recommend to the 
President for his consideration persons generally recognized for their 
impartiality, knowledge, and experience in the field of labor relations 
and pay policy to serve as members. The President shall designate one 
of the members as Chairman. Each appointment shall be for a term of 
6 years, except that one of the original members shall be appointed for a 
term of 2 years, and another for a term of 4 years. A member appointed 
to fill a vacancy occurring before the end of the term of his predecessor 
shall serve for the remainder of that term. When the term of a member 
ends, he may continue to serve until his successor is appointed. 

(b) To assist the President in carrying out the policy under section 
5301 of this title, the Committee shall — 

( 1 ) review the annual report of the President's agent ; 

(2) consider such further views and recommendations with 
respect to the analysis and pay proposals contained in the annual 
report of the President's agent as may be presented to it in writing 
by employee organizations, the President's agent, other officials of 
the Government of the United States, and such experts as it may 
consult; and 



,„ 



Sec. 5307 



(3) report its findings and recommendations to the President. 

(c) The Committee may secure from any Executive agency or mili- 
tary department information, suggestions, estimates, statistics, and 
technical assistance for the purpose of carrying out its functions. Each 
such Executive agency or military department shall furnish the infor- 
mation, suggestions, estimates, statistics, and technical assistance di- 
rectly to the Committee on request of the Committee. 

(d) On request of the Committee the head of any Executive agency 
or military department may detail, on a reimbursable basis, any of its 
personnel to assist the Committee in carrying out its functions. 

(e) The Administrator of General Services shall provide adminis- 
trative support services for the Committee on a reimbursable basis. 

(f ) The Committee may obtain services of experts or consultants in 
accordance with section 3109 of this title but at rates for individuals 
not to exceed that of the highest rate of basic pay then currently being 
paid under the General Schedule of subchapter III of this chapter. 

(g) Each member of the Committee is entitled to pay at the daily 
equivalent of the annual rate of basic pay of level IV of the Executive 
Schedule for each day he is engaged on work of the Committee, and is 
entitled to travel expenses, including a per diem allowance, in accord- 
ance with section 5703 (b) of this title. 

(h) The Committee may appoint and fix the pay of such personnel 
as may be necessary to carry out its functions. (Added Pub. L. 91-656, 
§ 3 (a) , Jan. 8, 1971, 84 Stat. 1949.) 

§5307. Pay fixed by administrative action 

(a) Notwithstanding section 665 of title 31 — ■ 

(1) the rates of pay of — 

(A) employees in the legislative, executive, and judicial 
branches of the Government of the United States (except 
employees whose pay is disbursed by the Secretary of the 
Senate or the Clerk of the House of Representatives) and of 
the government of the District of Columbia, whose rates of 
pay are fixed by administrative action under law and are not 
otherwise adjusted under this subchapter ; 

(B) employees under the Architect of the Capitol, whose 
rates of pay are fixed under section 166b-3 of title 40, and the 
Superintendent of Garages, House office buildings ; and 

(C) persons employed by the county committees estab- 
lished under section 590h (b) of title 16 ; and 

(2) any minimum or maximum rate of pay (other than a maxi- 
mum rate equal to or greater than the maximum rate than cur- 
rently being paid under the General Schedule as a result of the 
pay adjustment by the President), and any monetary limitation 
on or monetary allowance for pay, applicable to employees de- 
scribed in subparagraphs (A), (B), and (C) of paragraph (1) 
of this subsection ; 

may be adjusted, by the appropriate authority concerned, effective at 
the beginning of the first applicable pay period commencing on or 
after the day on which a pay adjustment becomes effective under 
section 5305 of this title, by whichever of the following methods the 
appropriate authority concerned considers appropriate — 






Sec. 5308 210 

(i) by an amount or amounts not in excess of the pay adjust- 
ment provided under section 5305 of this title for corresponding 
rates of pay in the appropriate schedule or scale of pay ; 

(ii) if there are no corresponding rates of pay, by an amount 
or amounts equal or equivalent, insofar as practicable and with 
such exceptions and modifications as may be necessary to provide 
for appropriate pay relationships between positions, to the amount 
of the pay adjustment provided under section 5305 of this title ; or 

(iii) in the case of minimum or maximum rates of pay, or mone- 
tary limitations or allowances with respect to pay, by an amount 
rounded to the nearest $100 and computed on the basis of a per- 
centage equal or equivalent, insofar as practicable and with such 
variations as may be appropriate, to the percentage of the pay 
adjustment provided under section 5305 of this title. 

(b) An adjustment under subsection (a) of this section in rates of 
pay, minimum or maximum rates of pay, and monetary limitations 
or allowances with respect to pay, shall be made in such manner as the 
appropriate authority concerned considers appropriate. 

(c) This section does not authorize any adjustment in the rates of 
pay of employees whose rates of pay are fixed and adjusted from time 
to time as nearly as is consistent with the public interest in accordance 
with prevailing rates or practices. 

(d) This section does not impair any authority under which rates 
of pay may be fixed by administrative action. (Added Pub. L. 91-656, 
§ 3(a), Jan. 8, 1971, 84 Stat. 1950.) 

§5308. Pay limitation 

Pay may not be paid, by reason of any provision of this subchapter, 
at a rate in excess of the rate of basic pay for level V of the Executive 
Schedule. (Added Pub. L. 91-656, § 3(a), Jan. 8, 1971, 84 Stat. 1951.) 



:; 211 Sec. 5311 



...■-: 



SUBCHAPTER II— EXECUTIVE SCHEDULE PAY 

RATES 

§5311. The Executive Schedule 

(a) The Executive Schedule, which is divided into five pay levels, is 
: the basic pay schedule for positions, other than Senior Executive Serv- 
ice positions, to which this subchapter applies. 

(b) (1) Xot later than 180 days after the date of the enactment of 
: the Civil Service Reform Act of 1978, the Director shall determine 
; the number and classification of executive level positions in existence 

in the executive branch on that date of enactment, and shall publish 
t the determination in the Federal Register. Effective beginning on the 
late of the publication, the number of executive level positions within 
die executive branch may not exceed the number published under this 
subsection. 

(2) For the purpose of this subsection, "executive level position" 
means — 

(A) any office or position in the civil service the rate of pay for 
which is equal to or greater than the rate of basic pay payable for 
positions under section 5316 of this title, or 

(B) any such office or position the rate of pay for which may 
be fixed by administrative action at a rate equal to or greater than 
the rate of basic pay payable for positions under section 5316 of 
this title ; 

but does not include any Senior Executive Service position, as defined 
in section 3132(a) of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
458 amended. Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1173, 1178.) 

§5312. Positions at level I 

Level I of the Executive Schedule applies to the following posi- 
tions for which the annual rate of basic pay shall be the rate deter- 
mined with respect to such level under chapter 11 of title 2, as adjusted 
by section 5318 of this title : 

( 1 ) Secretary of State. 

( 2 ) Secretary of the Treasury. 

( 3 ) Secretary of Defense. 

(4) Attorney General. 

(5) Repealed. Pub. L. 91-375, § 6(c) (12), Aug. 12, 1970. 84 
Stat. 776. 

( 6 ) Secretary of the Interior. 

(7) Secretary of Agriculture. 

(8) Secretary of Commerce. 

(9) Secretary of Labor. 

(10) Secretary of Health, Education, and Welfare. 

( 11 ) Secretary of Housing and Urban Development. 



Sec. 5313 212 

( 12 ) Secretary of Transportation. 

(13) Special Representative for Trade Negotiations. 

(14) Secretary of Energy. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460, amended Pub. L. 89-670 
§ 10(d) (1), Oct. 15, 1966, 80 Stat. 948; Presidential salary recommen- 
dations, Budget, 1970, pursuant to Pub L. 90-206, § 225(h), Dec. 16, 
1967, 81 Stat. 634; Pub. L. 91-375, § 6(c) (12), Aug. 12, 1970, 84 Stat. 
776; Pub. L. 93-618, § 141(b) (3) (A), Jan. 3, 1975, 88 Stat. 1999; 
Pub. L. 94-82, § 202(b) (1), Aug. 9, 1975, 89 Stat. 419; Pub. L. 95-91, 
Aug. 4, 1977, 91 Stat, 609.) 

§ 5313. Positions at level II 

Level II of the Executive Schedule applies to the following posi- 
tions, for which the annual rate of basic pay shall be the rate deter- 
mined with respect to such level under chapter 11 of title 2, as adjusted 
by section 5318 of this title : 

(1) Deputy Secretary of Defense. 

(2) Deputy Secretary of State. 

(3) Administrator, Agency for International Development. 

(4) Administrator of the National Aeronautics and Space 
Administration. 

( 5 ) Administrator of Veterans' Affairs. 

( 6 ) Deputy Secretary of the Treasury. 

( 7 ) Deputy Secretary of Transportation. 

(8) Chairman, Nuclear Regulatory Commission. 

( 9 ) Chairman, Council of Economic Advisers. 

(10) Chairman, Board of Governors of the Federal Reserve 
System. 

(11) Director of the Bureau of the Budget. 

( 12 ) Director of the Office of Science and Technology. 

( 13) Director of the United States Arms Control and Disarma- 
ment Agency. 

( 14) Director of the United States Information Agency. 

( 15 ) Director of Central Intelligence. 

( 16 ) Secretary of the Air Force. 

( 17 ) Secretary of the Army. 

( 18 ) Secretary of the Navy. 

(19) Administrator, Federal Aviation Administration. 

( 19 ) Director of the National Science Foundation. 

( 20 ) Deputy Attorney General. 

(21) Director of the Special Action Office for Drug Abuse 
Prevention. 

(22) Deputy Secretary of Energy. 

(23) Deputy Secretary of Agriculture. 

(24) Director of the Office of Personnel Management. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460, amended Pub. L. 89-670, 
§ 10(d) (2), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, § 1 (13), Sept. 11, 
1967, 81 Stat. 198; Pub. L. 90^07, § 15(a)(1), July 18, 1968, 82 
Stat. 366; Presidential salary recommendations, Budget, 1970, pur- 
suant to Pub. L. 90-206, § 225(h), Dec. 16, 1967, 81 Stat. 634; Pub. L. 
91-644, § 8(b), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 92-255; § 212(a), 
Mar. 21,' 1972, 86 Stat. 69; Pub. L. 92-302, §2(a), May 18, 1972, 86 
Stat. 148; Pub. L. 92-352, § 104(1), July 13, 1972, 86 Stat. 490; Pub. L. 






213 Sec. 5314 

92-596, §6, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 93-438, §310(1), 
| Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93^96, § 16(c), Oct. 28, 1974, 
' 88 Stat. 1533; Pub. L. 94-82, § 202(b) (2), Aug. 9, 1975, 89 Stat. 419; 

Pub. L. 94-561, Oct. 19. 1976, 90 Stat. 2643; Pub. L. 95-91, Aug. 4, 

1977. 91 Stat. 609; Pub. L. 95-140, Oct. 21, 1977, 91 Stat. 1173; Pub. 

L. 95-454, § 201 (b) , Oct. 13. 1978. 92 Stat. 1121.) 

§ 5314. Positions at level III 

Level III of the Executive Schedule applies to the following posi- 
tions, for which the annual rate of basic pay shall be the rate deter- 
mined with respect to such level under chapter 11 of title 2, as adjusted 
by section 5318 of this title : 

(1) Repealed. Pub. L. 91-664, §8(a), Jan. 2, 1971, 84 Stat. 
1888. 

( 1 ) Solicitor General of the United States. 

(2) Repealed. Pub. L. 91-375, § 6(c) (13) (A), Aug. 12, 1970, 
84 Stat. 776. 

(3) Repealed. Pub. L. 94-561, Oct. 19, 1976, 90 Stat, 2643. 

(4) Under Secretary 7 of Commerce. 

(5) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 
948. 

(6) Under Secretary of Health, Education, and Welfare. 

( 7 ) Under Secretary of the Interior. 

(8) Under Secretary of Labor. 

(9) Under Secretary of State for Political Affairs and Under 
Secretary of State for Economic Affairs and an Under Secretary 

| of State for Coordinating Security Assistance Programs and 

" Under Secretary of State for Management. 

(10) Lender Secretary of the Treasury (or Counselor) . 

(11) Under Secretary of the Treasury for Monetary Affairs. 

(12) Administrator of General Services. 

(13) Administrator of the Small Business Administration. 

(14) Deputy Administrator of Veterans' Affairs. 

(15) Deputy Administrator, Agency for International Devel- 
opment. 

(16) Chairman, Civil Aeronautics Board. 

(17) Chairman of the Merit Systems Protection Board. 

(18) Chairman, Federal Communications Commission. 

(19) Chairman, Board of Directors, Federal Deposit Insur- 
ance Corporation. 

(20) Chairman of the Federal Home Loan Bank Board. 

(21) Chairman, Federal Energy Regulatory Commission. 

(22) Chairman, Federal Trade Commission. 

(23) Chairman, Interstate Commerce Commission. 

(24) Chairman, National Labor Relations Board. 

(25) Chairman, Securities and Exchange Commission. 

(26) Chairman, Board of Directors of the Tennessee Valley 
Authority. 

(27) Chairman, National Mediation Board. 

(28) Chairman, Railroad Retirement Board. 

(29) Chairman, Federal Maritime Commission. 



I 



Sec. 5314 214 

(30) Comptroller of the Currency. 

(31) Commissioner of Internal Revenue. 

(32) Under Secretaries of Defense (2). 

(33) Deputy Administrator of the National Aeronautics and 
Space Administration. 

(34) Deputy Director of the Bureau of the Budget. 

(35) Deputy Director of Central Intelligence. 

(36) Director of the Office of Emergency Planning. 

(37) Director of the Peace Corps. 

(38) Repealed. Pub. L. 94-123, § 2(c) (1), Oct. 22, 1975, 89 Stat. 
670. 

(39) Deputy Director, National Science Foundation. 

(40) Repealed. Pub. L. 90-83, §1(14) (A), Sept. 11, 1967, 81 
Stat. 198. 

(41) President of the Export-Import Bank of Washington. 

(42) Members, Nuclear Regulatory Commission. 

(43) Members, Board of Governors of the Federal Reserve 
System. 

(44) Director of the Federal Bureau of Investigation, Depart- 
ment of Justice. 1 

(45) Administrator, Federal Highway Administration. 

(46) Administrator, Federal Railroad Administration. 

(47) Chairman, National Transporation Safety Board. 

(48) Chairman of the National Endowment for the Arts the 
incumbent of which also serves as Chairman of the National 
Council on the Arts. 

(49) Chairman of the National Endowment for the Human- 
ities. 

(50) Director of the Federal Mediation and Conciliation 
Service. 

(51) Under Secretary of Housing and Urban Development. 

(52) Repealed. Puk L. 95-88, Aug. 3, 1977, 91 Stat. 542. 

(53) Repealed. Pub. L. 95-88, Aug. 3, 1977, 91 Stat. 542. 

(54) Chairman, Postal Rate Commission. 

(55) Administrator of Law Enforcement Assistance. 

(56) Chairman, Occupational Safety and Health Review 
Commission. 

(57) Governor of the Farm Credit Administration. 

(58) Chairman, Equal Employment Opportunity Commission. 

(59) Chairman, Consumer Product Safety Commission. 

(60) Under Secretary, Department of Energy. 

(61) Chairman, Commodity Futures Trading Commission. 

(62) Deputy Special Representative for Trade Negotia- 
tions (2). 

(63) Chairman, United States International Trade Commis- 
sion. 

(64) Director of the Office of Drug Abuse Policy. 



iThe position of the Director of the Federal Bureau of Investigation was placed tem- 
porarily in level II as long as the then present incumbent. J. Edgar Hoover, held that office. 
(Pub. L. 88-426, § 303(h). Aug. 14, 1964, 78 Stat. 41G.) Section 1101 of the Omnibus 
Crime Control and Safe Streets Act of 1968 has effectively superseded clause (44) of this 
section (placing the Director in level III permanently) in providing that when the present 
Incumbent of the position of Director leaves office, his successors will be appointed by and 
with the advice and consent of the Senate, and they will be paid at the rate prescribed for 
l.-vel II. (Pub. L. 90-351, § 1101, June 19, 1968, 82 Stat. 236.) 



\ 






215 Sec. 5315 

(65) Administrator, National Oceanic and Atmospheric Ad- 
ministration. 

(66) Chairman, Federal Mine Safety and Health Review 
(Commission. 

(68) Deputy Director of the Office of Personnel Management. 

(69) Under Secretary of Agriculture for International Affairs 
and Commodity Programs. 

(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 460, amended Pub. L. 89-670. 
§ 10(d) (3), (e), Oct, 15, 1966, 80 Stat. 948; Pub. L. 90-83, § 1(14), 
Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-206, § 215(a), Dec. 16, 
1967, 81 Stat. 638; Pub. L. 90-407; § 15(a) (2), July 18, 1968, 82 Stat. 
367; Pub. L. 90-623, § 1(26), Oct. 22, 1968, 82 Stat. 1314: Presidential 
salary recommendations, Budget, 1970, pursuant to Pub. L. 90-206, 
§ 225(h), Dec. 16, 1967, 81 Stat. 634; Pub. L. 91-175, § 503(1), Dec. 20, 
1969, 83 Stat. 826; Pub. L. 91-375, § 6(c) (13), Aug. 12, 1970, 84 Stat. 
776; Pub. L. 91-596, § 12(c) (1), Dec, 29, 1970, 84 Stat. 1604; Pub. L. 
91-644, §§ 7(1), 8(a), Jan. 2, 1971, 84 Stat. 1887, 1888; Pub. L. 92-181, 
§ 5.27(a), Dec. 10, 1971, 85 Stat, 625; Pub. L. 92-226, §403, Feb. 7, 
1972, 86 Stat, 34: Pub. L. 92-261, § 9(a), Mar. 24, 1972, 86 Stat. 110; 
Pub. L. 92-302, §2(b), May 18, 1972, 86 Stat, 149; Pub. L. 92-352, 
§ 104(2), July 13, 1972, 86 Stat. 490; Pub. L. 92-573, § 4(h) (1), Oct. 
27, 1972, 86 Stat, 1211; Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211; 
Pub. L. 93-438, § 310(2), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-463, 
§ 102(a), Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93-618, §§141(b)(3) 
(B), 172(c) (1), Jan. 3, 1975, 88 Stat, 1999, 2010: Pub. L. 94-82, § 202 
I (b) (3), Aug. 9, 1975, 89 Stat. 420: Pub. L. 94-183, § 2(17), Dec. 31, 
1 1975, 89 Stat. 1057: Pub. L. 94-237, § 209(a), March 19, 1976, 90 Stat. 
243; Pub. L. 94-461, Oct. 8, 1976, 90 Stat. 1969: Pub. L. 95-88, Aug. 3, 
1977, 91 Stat. 542; Pub. L. 95-91, Aug. 4, 1977, 91 Stat, 609; Pub. L. 
95-139, Oct. 19, 1977, 91 Stat. 1171 ; Pub. L. 95-140, Oct. 21, 1977, 91 
Stat. 1173; Pub. L. 95-164, Nov. 9, 1977, 91 Stat, 1320: Pub. L. 95^26, 
Oct. 7, 1978, 92 Stat. 969; Pub. L. 95-454, § 201(b), Oct. 13, 1978, 92 
Stat. 1121; Pub. L. 95-454; § 202(c), Oct. 13, 1978, 92 Stat, 1131; 
Pub. L. 95-501, Oct. 21, 1978, 92 Stat. 1691.) 

§5315. Positions at level IV 

Level IV of the Executive Schedule applies to the following posi- 
tions, for which the annual rate of basic pay shall be the rate deter- 
mined with respect to such level under chapter 11 of title 2, as adjusted 
by section 5318 of this title : 

(1) Repealed. Pub. L. 95-105, Aug. 15, 1977, 91 Stat. 847. 

(2) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat, 
948. 

(3) Deputy Administrator of General Services. 

(4) Associate Administrator of the National Aeronautics and 
Space Administration. 

(5) Assistant Administrators, Agency for International Devel- 
opment (6). 

(6) Regional Assistant Administrators, Agency for Interna- 
tional Development (4). 

(7) Under Secretary of the Air Force. 
I ( 8 ) Under Secretary of the Army. 

(9) Under Secretary of the Navy. 

(10) Repealed. Pub. L. 95-426, 92 Stat. 969. 

(11) Assistant Secretaries of Agriculture (5). 



Sec. 5315 216 

(12) Assistant Secretaries of Commerce (8) . 

(13) Assistant Secretaries of Defense (9) . 

(14) Assistant Secretaries of the Air Force (4) . 

(15) Assistant Secretaries of the Army (5) . 

(16) Assistant Secretaries of the Navy (4) . 

(17) Assistant Secretaries of Health, Education, and Welfare 
(5). 

(18) Assistant Secretaries of the Interior (6). 

(19) Assistant Attorneys General (9). 

(20) Assistant Secretaries of Labor (5) . 

(21) Repealed. Pub. L. 91-375, § 6(c) (14) (A), Aug. 12, 1970, 
84 Stat. 776. 

(22) Assistant Secretaries of State (13). 

(23) Assistant Secretaries of the Treasury (5) . 

(24) Members, United States International Trade Commission. 
(25)-(28) Repealed. Pub. L. 90-83, § 1(15) (E), Sept. 11, 1967, 

81 Stat. 198. 

(29) Director of Civil Defense, Department of the Army. 

(30) Repealed. Pub. L. 90-83, §1(15)(E), Sept. 11, 1967, 81 
Stat, 198. 

(31) Repealed. Pub. L. 94-123, § 2(c) (2), Oct. 22, 1975, 89 Stat. 
670. 

(32) Deputy Director of the Office of Emergency Planning. 

(33) Deputy Director of the Office of Science and Technology. 

(34) Deputy Director of the Peace Corps. 

(35) Deputy Director of the United States Arms Control and 
Disarmament Agency. 

(36) Deputy Director of the United States Information 
Agency. 

(37) Assistant Directors of the Bureau of the Budget (3). 

(38) General Counsel of the Department of Agriculture. 

(39) General Counsel of the Department of Commerce. 

(40) General Counsel of the Department of Defense. 

(41) General Counsel of the Department of Health, Education, 
and Welfare. 

(42) Solicitor of the Department of the Interior. 

(43) Solicitor of the Department of Labor. 

(44) General Counsel of the National Labor Relations Board. 

(45) Repealed. Pub. L. 91-375, § 6(c) (14) (A), Aug. 12, 1970, 
84 Stat. 776. 

(46) Counsel of the Department of State. 

(47) Legal Adviser of the Department of State. 

(48) General Counsel of the Department of the Treasury. 

(49) First Vice President of the Export-Import Bank of Wash- 
ington. 

(50) Special Representative for Arms Control and Disarma- 
ment Negotiations, United States Arm Control and Disarmament 
Agency. 

(50) Repealed. Pub. L. 93-438 § 310(3), Oct. 11, 1974, 88 Stat. 
1253. 

(51) Repealed. Pub. L. 92-181, § 5.27(a), Dec. 10, 1971, 85 Stat. 
625. 

(52) Repealed. Pub. L. 95-88, § 124(b), Aug. 3, 1977, 91 Stat. 
542. 



217 Sec. 5315 

(53) Repealed. Pub. L. 95-88, § 124(b), Aug. 3, 1977, 91 Stat. 
542. 

(54) Members, Civil Aeronautics Board. 

(55) Members, Council of Economic Advisers. 

(56) Members, Board of Directors of the Export-Import Bank 
of Washington. 

(57) Members, Federal Communications Commission. 

(58) Members, Board of Directors of the Federal Deposit In- 
surance Corporation. 

(59) Members, Federal Home Loan Bank Board. 

(60) Members, Federal Energy Regulatory Commission. 

(61) Members, Federal Trade Commission. 

(62) Members, Federal Interstate Commerce Commission. 

(63) Members, National Labor Relations Board. 

(64) Members, Securities and Exchange Commission. 

(65) Members, Board of Directors of the Tennessee Valley 
Authority. 

(66) Members, Merit Systems Protection Board. 

(67) Members, Federal Maritime Commission. 

(68) Members, National Mediation Board. 

(69) Members, Railroad Retirement Board. 

(70) Director of Selective Service. 

(71) Associate Director of the Federal Bureau of Investigation, 
Department of Justice. 

(72) Members, Equal Employment Opportunity Commission 
(4). 

(73) Chief of Protocol, Department of State. 

(74) Director, Bureau of Intelligence and Research, Depart- 
ment of State. 

(75) Director, Community Relations Service. 

(76) United States Attorney for the District of Columbia. 

(77) United States Attorney for the Southern District of New 
York. 

(78) Members. National Transportation Safety Board. 

(79) General Counsel, Department of Transportation. 

(80) Deputy Administrator, Federal Aviation Administration. 

(81) Assistant Secretaries of Transportation (4). 

(82) Director of Public Roads. 

(83) Administrator of the St. Lawrence Seaway Development 
Corporation. 

(84) Assistant Secretary for Science, Smithsonian Institution. 

(85) Assistant Secretary for History and Art, Smithsonian 
Institution. 

(86) Deputy Administrator of the Small Business Adminis- 
tration. 

(87) Assistant Secretaries of Housing and L T rban Develop- 
ment (8). 

(88) General Counsel of the Department of Housing and Ur- 
ban Development. 

(89) Commissioner of Interama. 

(90) Deputy Administrator for Policy Development of the Law 
Enforcement Assistance Administration. 

(91) Federal Insurance Administrator, Department of Hous- 
ing and Urban Development. 



Sec. 5315 218 

(92) Executive Vice President, Overseas Private Investment 
Corporation. 

(93) Administrator of the National Credit Union Administra- 
tion. 

(94) Members, Postal Rate Commission (4). 

(95) Members, Occupational Safety and Health Review 
Commission. 

(96) Deputy Director of the Office of Drug Abuse Policy. 

(97) Deputy Under Secretaries of the Treasury (or Assistant 
Secretaries of the Treasury) (2) . 

(98) Members, Consumer Product Safety Commission (4). 

(99) Commissioner of Social Security, Department of Health, j 
Education, and Welfare. 

(100) Assistant Secretary for Oceans and International Envi- 
ronmental and Scientific Affairs, Department of State. 

(101) Administrator for Federal Procurement Policy. 

(102) Repealed Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 609. 

(103) Members, Commodity Futures Trading Commission. 

(104) Director of Nuclear Reactor Regulation, Nuclear Reg- 
ulatory Commission. 

(105) Director of Nuclear Material Safety and Safeguards, ; 
Nuclear Regulatory Commission. 

(106) Director of Nuclear Regulatory Research, Nuclear Reg- 
ulatory Commission. 

(107) Executive Director for Operations, Nuclear Regulatory 
Commission. 

(108) President, Government National Mortgage Association, I 
Department of Housing and Urban Development. 

(109) Deputy Administrator, National Oceanic and Atmos- 
pheric Administration. 

(109) Commissioner of Immigration and Naturalization, De- 
partment of Justice. 

(110) Associate Administrator, National Oceanic and Atmos- 
pheric Administration. 

(110) United States attorney for the Northern District of 
Illinois. 

(111) United States attorney for the Central District of Cali- 
fornia. 

(112) Director, Bureau of Prisons, Department of Justice. 

(113) Deputy Administrator for Administration of the Law 
Enforcement Assistance Administration. 

(114) Assistant Secretaries of Energy (8). 

(115) General Counsel of the Department of Energy. 

(116) Administrator, Economic Regulatory Administration, 
Department of Energy. 

(117) Administrator, Energy Information Administration, 
Department of Energy. 

(118) Inspector General, Department of Energy. 

(119) Director, Office of Energy Research, Department of 
Energy. 

(120) Assistant Secretary of Labor for Mine Safety and 
Health. 

(121) Members, Federal Mine Safety and Health Review 
Commission. 



< 






;; 219 Sec. 5315 

•^i ™"~ ~" mm "~~" ^ "™ ~ "™ ~~ "™~~ ™™"" ~ "™~" "™ ~ ~ ^ ^ "™ "™™ "™ "™ ~ " ~ ~" 

(122) Associate Directors of the Office of Personnel Manage- 
ment (5). 

(122) President, National Consumer Cooperative Bank. 

(123) Director, Office of Self -Help Development and Techni- 
cal Assistance, National Consumer Cooperative Bank. 

(122) Assistant Secretary for International Narcotics Matters, 
Department of State. 

(122) Inspector General, Department of Health, Education, 
and Welfare. 

(123) Inspector General, Department of Agriculture. 

(124) Inspector General, Department of Housing and Urban 
Development. 

( 125 ) Inspector General, Department of Labor. 

(126) Inspector General, Department of Transportation. 

(127) Inspector General, Veterans' Administration. 

(123) Special Counsel of the Merit Systems Protection Board. 

(124) Chairman, Federal Labor Relations Authority. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 461, amended Pub. L. 89-670, 
§ 10(d) (4), (e), Oct. 15, 1966, 80 Stat. 948, Pub. L. 89-734, §1(1), 
Nov. 2, 1966, 80 Stat. 1163; Pub. L. 89-779, § 8(c) (1), Nov. 6, 1966, 80 
Stat. 1364; Pub. L. 90-83, § 1(15), Sept. 11, 1967, 81 Stat. 198; Pub. L. 
90-206, title II, § 215(b), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-351, 
title I, § 505, June 19, 1968, 82 Stat. 205; Pub. L. 90^48, title XI, 
" § 1105(b), title XVII, § 1708(b), Aug. 1, 1968, 82 Stat. 567, 606; 
Pub. L. 90-623, § 1(4), Oct. 22, 1968, 82 Stat. 1312; Presidential sal- 
ary recommendations, Budget, 1970, pursuant to Pub. L. 90-206, § 225 
i (h) , Dec. 16, 1967, 81 Stat. 634 ; Pub. L. 91-121, § 404 (b) , Nov. 19, 1969, 
r 83 Stat. 207; Pub. L. 91-175, §503(2), Dec. 20, 1969, 83 Stat, 826; 
Pub. L. 91-206, §5(b), Mar. 10, 1970, 84 Stat. 51; Pub. L. 91-375, 
§ 6(c) (14), Aug. 12, 1970, 84 Stat. 776; Pub. L. 91-469, § 42(b), Oct. 
21, 1970, 84 Stat. 1038; Pub. L. 91-477, § 3(b), Oct. 21, 1970, 84 Stat. 
1072; Pub. L. 91-596, §§ 12(c) (2), 29(b), Dec. 29, 1970, 84 Stat. 1604; 
Pub. L. 91-611, § 211(b), Dec. 31, 1970, 84 Stat, 1829; Pub. L. 91-644, 
§7(1), (2), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 92-22, §2, June 1, 

1971, 85 Stat. 76; Pub. L. 92-181, § 5.27(a), Dec. 10, 1971, 86 Stat. 
625; Pub. L. 92-215, § 2, Dec. 22, 1971, 85 Stat, 777; Pub. L. 92-255, 
§ 212(b), Mar. 21, 1972, 86 Stat. 69; Pub. L. 92-261, § 9(b), Mar. 24, 

1972, 86 Stat, 110; Pub. L. 92-302, § 2(c), May 18, 1972, 86 Stat. 149; 
Pub. L. 92-352, § 104(3), 86 Stat. 490; Pub. L. 92-419, § 604(b), 86 
Stat. 676; Pub. L. 92-573, § 4(h) (2), Oct. 27, 1972, 86 Stat, 1211; 
Pub. L. 92-603, § 404(b), Oct. 30, 1972, 86 Stat, 1488; Pub. L. 93-83, 
§ 2, Aug. 6, 1973, 87 Stat. 211 ; Pub. L. 93-312, § 9, June 8, 1974, 88 
Stat. 238 ; Pub. L. 93-383, § 818(c) , Aug. 22, 1974, 88 Stat. 740; Pub. L. 
93-400, §13, Aug. 30, 1974, 88 Stat, 799; Pub. L. 93-438, §310(3), 
Oct. 11, 1974, 88 Stat, 1253; Pub. L. 93-463, § 102(b), Oct. 23, 1974, 88 
Stat. 1391; Pub. L. 93-618, § 172(c) (2), Jan. 3, 1975, 88 Stat. 2010; 
Pub. L. 94-82, § 202(b) (4) , Aug. 9, 1975, 89 Stat, 420 ; Pub. L. 94-183, 
§2(18), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 94-237, § 209(b), 
March 19, 1976, 90 Staf. 243; Pub. L. 94-375, § 17(c), Aug. 3, 1976, 90 
Stat. 1077; Pub. L. 94-461, Oct, 8, 1976, 90 Stat. 1969; Pub. L. 94-503, 

A Oct. 15, 1976, 90 Stat. 2426; Pub. L. 95-91, Aug. 4, 1977, 91 Stat, 609; 
■ Pub. L. 95-105, Aug. 15, 1977, 91 Stat. 847; Pub. L. 95-108, Aug. 17, 
w 1977, 91 Stat. 871 ; Pub. L. 95-164, Nov. 9, 1977, 91 Stat. 1319 ; Pub. L. 



Sec. 5316 220 

95-173, Nov. 12, 1977, 91 Stat. 1360; Pub. L. 95-351, § 302, Aug. 20, 
1978, 92 Stat, 514; Pub. L. 95-426, Oct. 7, 1978, 92 Stat. 969; Pub. L. 
95-452, Oct. 12, 1978, 92 Stat. 1108; Pub. L. 95-454, § 201(b), Oct. 13, 
1978, 92 Stat. 1121; Pub. L. 95-454, § 202(c), Oct. 13, 1978, 92 Stat. 
1131 and 1217.) 

§ 5316. Positions at level V 

Level V of the Executive Schedule applies to the following posi- 
tions, for which the annual rate of basic pay shall be the rate deter- 
mined with respect to such level under chapter 11 of title 2, as adjusted 
by section 5318 of this title : 

(1) Administrator, Agricultural Marketing Service, Depart- 
ment of Agriculture. 

(2) Administrator, Agricultural Research Service, Depart- 
ment of Agriculture. 

(3) Administrator, Agricultural Stabilization and Conserva- 
tion Service, Department of Agriculture. 

(4) Administrator, Farmers Home Administration. 

(5) Administrator, Foreign Agricultural Service, Department 
of Agriculture. 

(6) Administrator, Rural Electrification Administration, De- 
partment of Agriculture. 

(7) Administrator, Soil Conservation Service, Department of 
Agriculture. 

(8) Administrator, Bonneville Power Administration, Depart- 
ment of the Interior. 

(9) Administrator of the National Capital Transportation 
Agency. 

(10) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 
948. 

(11) Associate Administrators of the Small Business Admin- 
istration (4). 

(12)-(14) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 
Stat. 948. 

(15) Associate Administrators, National Aeronautics and 
Space Administration (7). 

(16) Repealed. Pub. L. 93-74, § 8, July 23, 1973, 87 Stat. 175. 

(17) Repealed. Pub. L. 93-74, § 8, July 23, 1973, 87 Stat. 175. 

(18) Associate Deputy Administrator, National Aeronautics 
and Space Administration. 

(19) Deputy Associate Administrator, National Aeronautics 
and Space Administration. 

(20) Associate Deputy Administrator of Veterans' Affairs. 

(21) Archivist of the United States. 

(22) Repealed. Pub. L. 90-83, §1(16) (A), Sept. 11, 1967, 81 
Stat. 198. 

(23) Assistant Secretary of Agriculture for Administration. 

(24) Assistant Secretary of Health, Education, and Welfare 
for Administration. . 

(25) Repealed. Pub. L. 92-22, §3, June 1, 1971, 85 Stat, 76. 

(26) Assistant Attorney General for Administration. 

(27) Assistant Secretary of Labor for Administration. 

(28) Repealed. Pub. L. 92-302, §2(d), May 18, 1972, 86 Stat. 
149. 






221 Sec. 5316 

(29) Repealed. Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat. 
1253. 

(30) Assistant and Science Adviser to the Secretary of the 
Interior. 

(31) Chairman, Foreign Claims Settlement Commission of 
the United States. 

(32) Chairman of the Military Liaison Committee to the 
Atomic Energy Commission, Department of Defense. 

(33) Chairman of the Renegotiation Board. 

(34) Chairman of the Subversive Activities Control Board. 

(35) Chief Counsel for the Internal Revenue Service, Depart- 
ment of the Treasury. 

(36) Chief Forester of the Forest Service, Department of 
Agriculture. 

(37) Repealed. Pub. L. 91-375, § 6(c) (15), Aug. 12, 1970, 84 
Stat. 776. 

(38) Repealed. Pub. L. 90-83, §1(16) (A), Sept. 11, 1967, 81 
Stat. 198. 

(39) Commissioner of Customs, Department of the Treasury. 

(40) Commissioner, Federal Supply Service, General Services 
Administration. 

(41) Commissioner of Education, Department of Health, Edu- 
cation, and Welfare. 

(42) Director, United States Fish and Wildlife Service, De- 
partment of the Interior. 

(43) Commissioner of Food and Drugs, Department of Health, 
Education, and Welfare. 

(44) Repealed. Pub. L. 94-503, Oct. 15, 1976, 90 Stat. 2427. 

(45) Commissioner of Indian Affairs, Department of the 
Interior. 

(46) Repealed. Pub. L. 90-9, § 6, Apr. 10, 1967, 81 Stat. 12. 

(47) Commissioners, Indian Claims Commission (5). 

(48) Commissioner of Patents, Department of Commerce. 

(49) Commissioner, Public Buildings Service, General Serv- 
ices Administration. 

(50) Commissioner of Reclamation, Department of the Interior. 

(51) Repealed. Pub. L. 92-603, § 404(a), Oct. 30, 1972, 86 Stat. 
1488. 

(52) Commissioner of Vocational Rehabilitation, Department 
of Health, Education, and Welfare. 

(53) Commissioner of Welfare, Department of Health, Edu- 
cation, and Welfare. 

(54) Director, Advanced Research Projects Agency, Depart- 
ment of Defense. 

(55) Repealed. Pub. L. 94-561, Oct. 19, 1976, 90 Stat. 2643. 

(56) Director, Bureau of the Census, Department of Commerce. 

(57) Director, Bureau of Mines, Department of the Interior. 
"(58) Repealed. Pub. L. 94-503, Oct, 15, 1976, 90 Stat. 2427. 

(59) Director, Geological Survey, Department of the Interior. 

(60) Repealed. Pub. L. 91-375, § 6(c) (15), Aug. 12, 1970, 84 
Stat. 776. 

(61) Director, National Bureau of Standards, Department of 
Commerce. 



35-550 O - 79 - 16 



Sec. 5316 222 

(62) Repealed. Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat. 
1253. 

(63) Director of Science and Education, Department of 
Agriculture. 

(64) Repealed. Pub. L. 92-302, §2(d), May 18, 1972, 86 Stat. 
149. 

(65) Deputy Commissioner of Internal Revenue, Department 
of the Treasury. 

(66) Assistant Directors, National Science Foundation (4). 

(67) Deputy Director, Policy and Plans, United States In- 
formation Agency. 

(68) Deputy General Counsel, Department of Defense. 

(69) Repealed. Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat. 
1253. 

(70) Associate Director of the Federal Mediation and Con- 
ciliation Service. 

(71) Associate Director for Volunteers, Peace Corps. 

(72) Associate Director for Program Development and Op- 
erations, Peace Corps. 

(73) Assistants to the Director of the Federal Bureau of In- 
vestigation, Department of Justice (2) . 

(74) Assistant Directors, Office of Emergency Planning (3). 

(75) Assistant Directors, United States Arms Control and Dis- 
armament Agency (4). 

(76) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 
948. 

(77) Fiscal Assistant Secretary of the Treasury. 

(78) General Counsel of the Agency for International De- 
velopment. 

(79) General Counsel of the Department of the Air Force. 

(80) General Counsel of the Department of the Army. 

(81) General Counsel of the Nuclear Regulatory Commission. 

(82) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 
948. 

(83) Repealed. Pub. L. 90-83, §1(16) (A), Sept, 11, 1967, 81 
Stat. 198. 

(84) General Counsel of the Department of the Navy. 

(85) General Counsel of the United States Arms Control and 
Disarmament Agency. 

(86) General Counsel of the National Aeronautics and Space 
Administration. 

(87) Governor of the Canal Zone. 

(88) Manpower Administrator, Department of Labor. 

(89) Maritime Administrator, Department of Commerce. 

(90) Members, Foreign Claims Settlement Commission of the 
United States. 

(91) Members, Renegotiation Board. 

(92) Members, Subversive Activities Control Board. 

(93) Repealed. Pub. L. 93-618, § 172(c) (3), Jan. 3, 1975, 88 
Stat. 2010. 

(94), (95) Repealed. Pub. L. 90-83, § 1(16) (A), Sept. 11, 1967, 
81 Stat. 198. 

(96) Deputy Directors of Defense Research and Engineering, 
Department of Defense (4). 



223 Sec. 5316 

(97) Assistant Administrator of General Services. 

(98) Director, United States Travel Service, Department of 
Commerce. 

(99) Repealed. Pub. L. 95-454, § 202(c), Oct. 13, 1978, 92 
Stat. 1131. 

(100) Administrator, Wage and Hour and Public Contracts 
Division, Department of Labor. 

(101) Assistant Director (Program Planning, Analysis and 
Research) , Office of Economic Opportunity. 

(102) Repealed. Pub. L. 93-438, §310(4), Oct. 11, 1974, 88 
Stat. 1253. 

(103) Associate Director (Policy and Plans), United States 
Information Agency. 

(104) Chief Benefits Director, Veterans' Administration. 

(105) Commissioner of Labor Statistics, Department of Labor. 

(106) Deputy Director, National Security Agency. 

(107) Director, Bureau of Land Management, Department of 
the Interior. 

(108) Director, National Park Service, Department of the 
Interior. 

(109) Repealed. Pub. L. 93-312, § 9; June 8, 1974, 88 Stat. 238. 

(110) General Counsel of the Veteran's Administration. 

(111) Repealed. Pub. L. 92-261, § 9(c), Mar. 24, 1972, 86 Stat. 
110. 

(112) National Export Expansion Coordinator, Department of 
Commerce. 

(113) Special Assistant to the Secretary of Defense. 

(114) Staff Director, Commission on Civil Rights. 

(115) Repealed. Pub. L. 94-503, Oct. 15, 1976, 90 Stat. 2427. 

(116) Repealed. Pub. L. 94-503, Oct. 15, 1976, 90 Stat. 2427. 

(117) Assistant Secretary for Administration, Department of 
Transportation. 

(118) Director, United States National Museum, Smithsonian 
Institution. 

(119) Director, Smithsonian Astrophysical Observatory, 
Smithsonian Institution. 

(120) Administrator for Economic Development. 

(121) Administrator of the Environmental Science Services 
Administration. 

(122) Repealed. Pub. L. 93-383, § 818(b), Aug. 22, 1974, 88 
Stat. 740. 

(123) Repealed. Pub. L. 91-375, § 6(c) (15), Aug. 12, 1970, 84 
Stat. 776. 

(124) Director, National Highway Safety Bureau. 

(125) Director, National Traffic Safety Bureau. 

(126) Repealed. Pub. L. 91-644, §7(2), Jan. 2, 1971, 84 Stat. 
1887. 

(127) Director, Bureau of Narcotics and Dangerous Drugs, 
Department of Justice. 

(128) Auditor-General of the Agency for International Devel- 
opment. 

(129) Vice Presidents, Overseas Private Investment Corpo- 
ration (3). 



Sec. 5316 224 

(130) Deputy Administrator, Urban Mass Transportation Ad- 
ministration, Department of Transportation. 

(131) Assistant Directors, Special Action Office for Drug 
Abuse Prevention (6). 

(132) General Counsel of the Equal Employment Opportunity 
Commission. 

(133) Director, National Cemetery System, Veterans' Admin- 
istration. 

(134) Repealed. Pub. L. 94-503, Oct. 15, 1976, 90 Stat, 2427. 

(135) Deputy Inspector General, Department of Energy. 

(136) Additional officers, Department of Energy (14). 

(137) General Counsel, Commodity Futures Trading Com- 
mission. 

(137) Administrator, Animal and Plant Health Inspection 
Service, Department of Agriculture. 

(137) Administrator, Federal Grain Inspection Service, De- 
partment of Agriculture. 

(138) Additional officers, Nuclear Regulatory Commission (5). 

(139) Executive Director. Commodity Futures Trading Com- 
mission. 

(140) Assistant Administrator for Coastal Zone Management, 
National Oceanic and Atmospheric Administration. 

(141) Assistant Administrator for Fisheries, National Oceanic 
and Atmospheric Administration. 

(141) Associate Administrator, Office of Juvenile Justice and 
Delinquency Prevention of the Law Enforcement Assistance 
Administration. 

(142) Assistant Administrators (3), National Oceanic and 
Atmospheric Administration. 

(143) General Counsel, National Oceanic and Atmospheric 
Administration. 

(144) Deputy Inspector General, Department of Health, Edu- 
cation, and Welfare. 

(145) Inspector General, Department of Commerce. 

(146) Inspector General, Department of the Interior. 

(147) Inspector General, Community Services Administration. 

(148) Inspector General, Environmental Protection Agency. 

(149) Inspector General, General Services Administration. 

(150) Inspector General, National Aeronautics and Space 
Administration. 

(151) Inspector General, Small Business Administration. 

(145) Members, Federal Labor Relations Authority (2) and 
its General Counsel. 

(146) Director of the Office of Government Ethics. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 463; amended Pub. L. 89-670, 
§ 10(d)(5), (e), Oct. 15, 1966, 80 Stat, 948: Pub. L. 89-734, §1(2), 
Nov. 2, 1966, 80 Stat. 1163; Pub. L. 89-779, § 8(c) (2), Nov. 6, 1966, 80 
Stat. 1364; Pub. L. 90-9, § 6, Apr. 10, 1967, 81 Stat. 12: Pub. L. 90-83, 
§ 1(16), Sept. 11, 1967. 81 Stat, 198: Pub. L. 90-206, title II, § 215(c), 
Dec. 16, 1967, 81 Stat. 638 ; Pub. L. 90-351, title I, § 506, June 19, 1968, 
82 Stat, 205: Pub. L. 90-407, § 15(a) (3), Julv 18, 1968, 82 Stat, 367: 
Pub. L. 90-623, § 1 (4), (5), Oct, 22. 1968, 82 Stat, 1312: Presidential 
salarv recommendations. Budget, 1970. pursuant to Pub. L. 90-206, 
§ 225(h), Dec. 16, 1967. 81 Stilt, 634; Pub. L. 91-175, § 503(3), Dec. 30, 



225 Sec. 5317 

1969, 83 Stat. 826; Pub. L. 91-375, § 6(c) (15), Aug. 12, 1970, 84 Stat. 
776; Pub. L. 91-453, § 12, Oct. 15, 1970, 84 Stat. 968; Pub. L. 91-644, 
§ 7(2), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 92-22, § 3, June 1, 1971, 85 
Stat. 76; Pub. L. 92-255, § 212(c), Mar. 21, 1972, 86 Stat. 69; Pub. L. 
92-261, § 9 (c) , (d) , Mar. 24, 1972, 86 Stat. 110 ; Pub. L. 92-302, § 2 (d) , 
Mav 18, 1972, 86 Stat. 149; Pub. L. 92-603, § 404(a), Oct. 30, 1972, 86 
Stat. 1488; Pub. L. 93^3, § 2(c), June 18, 1973, 87 Stat. 78; Pub. L. 
93-74, § 8, July 23, 1973, 87 Stat. 175 ; Pub. L. 93-83, § 2, Aug. 6, 1973, 
87 Stat. 211; Pub. L. 93-271, § 2, Apr. 22, 1974, 88 Stat. 92; Pub. L. 
93-312, § 9, June 8, 1974, 88 Stat. 238; Pub. L. 93-383, § 818(b), Aug. 
22, 1974, 88 Stat. 740; Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat. 
1253; Pub. L. 93-463, § 102(c), Oct. 23, 1974, 88 Stat. 1392; Pub. L. 
93-618, § 172(c) (3), Jan. 3, 1975, 88 Stat, 2010; Pub. L. 94-82, § 202 
(b) (5), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94-183, § 2(19), Dec. 31, 

1975, 89 Stat. 1058 ; Pub. L. 94-307, § 7, June 4, 1976, 90 Stat. 681 ; Pub. 
L. 94-370, § 15, July 26, 1976, 90 Stat. 1032; Pub. L. 94-561, Oct. 19, 

1976, 90 Stat, 2643 ; Pub L. 94-582, Oct. 21, 1976, 90 Stat, 2889; Pub. 
L. 95-89, Aug. 4, 1977, 91 Stat. 558; Pub. L. 95-91, Aug. 4, 1977, 91 
Stat, 609; Pub. L. 95-115, Oct. 3, 1977, 91 Stat. 1049; Pub. L. 95-219, 
Dec. 28, 1977, 91 Stat. 1614 ; Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1109 ; 
Pub. L. 95-454, Oct, 13, 1978, 92 Stat, 1217; Pub. L. 95-521, Oct. 26, 
1978, 92 Stat. 1864.) 

§5317. Presidential authority to place positions at levels IV 
and V 

In addition to the positions listed in sections 5315 and 5316 of this 
title, the Prasident, from time to time, may place in levels IV and V of 
the Executive Schedule positions held by not to exceed 34 individuals 
when he considers that action necessary to reflect changes in organi- 
zation, management responsibilities, or workload in an Executive 
agency. Such an action with respect to a position to which appointment 
is made by the President by and with the advice and consent of the 
Senate is effective only at the time of a new appointment to the posi- 
tion. Notice of each action taken under this section shall be published 
in the Federal Register, except when the President determines that the 
publication would be contrary to the interest of national security. The 
President may not take action under this section with respect to a 
position the pay for which is fixed at a specific rate bv this subchapter 
or bv statute enacted after August 14, 1964. (Pub. L. 89-554, Sept. 6. 
1966, 80 Stat, 467. amended Pub. L. 89-670. § 10(d) (6), Oct. 15, 1966, 
80 Stat, 948; Pub. L. 90-83, § 1(17). Sept, 11, 1967, 81 Stat. 199.) 

§5318. Adjustments in rates of pay 

Effective at the beginning of the first applicable pay period com- 
mencing on or after the first day of the month in which an adjustment 
takes effect under section 5305 of this title in the rates of pay under 
the General Schedule, the annual rate of pav for positions at each 
level of the Executive Schedule shall be adjusted by an amount, 
rounded to the nearest multiple of $100 (or if midway between multi- 
ples of $100, to the next higher multiple of $100), equal to the per- 
centage of such annual rate of pay which corresponds to the overall 
average percentage (as set forth in the report transmitted to the Con- 
gress under such section 5305) of the adjustment in the rates of pay 
under the General Schedule. (Pub. L. 94-82, § 202(a), Aug. 9, 1975, 
89 Stat, 419.) 



Sec. 5331 226 



SUBCHAPTER III— GENERAL SCHEDULE PAY RATES 
§ 5331. Definitions ; application 

(a) For the purpose of this subchapter, "agency", "employee", 
"position", "class", and "grade" have the meanings given them by 
section 5102 of this title. 

(b) This subchapter applies to employees and positions, other than 
Senior Executive positions, to which chapter 51 of this title applies. 
(Pub. L. 89-554, Sept. 6, 1966 80 Stat. 467; amended, Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1173.) 

§5332. The General Schedule 

(a) The General Schedule, the symbol for which is "GS", is the 
basic pay schedule for positions to which this subchapter applies. Each 
employee to whom this chapter applies, except an employee covered by 
the merit pay system established under section 5402 of this title, is 
entitled to basic pay in accordance with the General Schedule. 

GENERAL SCHEDULEi 











Annual rates and steps 










Grade 


1 


2 


3 


4 


5 


6 


7 


8 


9 


10 


GS-1 


.... $6,561 


$6, 780 


$6, 999 


$7,218 


$7, 437 


$7, 656 


$7, 875 


$8, 094 


$8, 313 


$8, 532 


GS-2 


7,422 


7,669 


7,916 


8,163 


8,410 


8,657 


8,904 


9,151 


9,398 


9,645 


GS-3 


8,366 


8,645 


8,924 


9,203 


9,482 


9,761 


10, 040 


10,319 


10, 598 


10, 877 


GS-4 


9,391 


9,704 


10,017 


10, 330 


10, 643 


10, 956 


11,269 


11,582 


11,895 


12,208 


GS-5 


... 10,507 


10, 857 


11,207 


11,557 


11,907 


12, 257 


12, 607 


12,957 


13,307 


13,657 


GS-6 


... 11,712 


12, 102 


12, 492 


12, 882 


13, 272 


13, 662 


14,052 


14, 442 


14, 832 


15,222 


GS-7 


... 13,014 


13, 448 


13, 882 


14,316 


14, 750 


15, 184 


15,618 


16, 052 


16, 486 


16,920 


GS-8 


14, 414 


14, 894 


15, 374 


15, 854 


16, 334 


16,814 


17,294 


17,774 


18,254 


18, 734 


GS-9 


... 15,920 


16,451 


16, 982 


17,513 


18, 044 


18, 575 


19, 106 


19, 637 


20, 168 


20, 699 


GS-10 


... 17,532 


18,116 


18, 700 


19, 284 


19, 868 


20, 452 


21,036 


21,620 


22, 204 


22, 788 


GS-11 


... 19,263 


19, 905 
23, 857 


20, 547 
24, 627 


21, 189 
25, 397 


21,831 
26, 167 


22, 473 
26, 937 


23,115 
27, 707 


23,757 
28, 477 


24, 399 
29, 247 


25, 041 


GS-12 


.... 23,087 


30,017 


GS-13 


... 27,453 


28, 368 


29, 283 


30, 198 


31,113 


32, 028 


32, 943 


33, 858 


34, 773 


35, 688 


GS-14 


32, 442 


33, 523 


34, 604 


35, 685 


36, 766 


37, 847 


38, 928 


40, 009 


41, 090 


42,171 


GS-15 


... 38,160 


39, 432 


40, 704 


41,976 


43, 248 


44, 520 


45, 792 


47, 064 


• 48, 336 


i 49, 608 


GS-16 


44, 756 


46, 248 


' 47, 740 


i 49, 232 


i 50, 724 


'52,216 


i 53, 708 


i 55, 200 


i 56, 692 




GS-17... 


i 52, 429 


i 54, 177 


i 55, 925 


i 57, 673 


i 59, 421 












GS-18 


... '61,449 



























i Basic pay is limited by sec. 5308 of title 5 of the United States Code to the rate for level V of the Executive Schedule. 
In addition pursuant to sec. 304 of the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary 
in this schedule at a rate which exceeds the rate for level V of the Executive Schedule in effect on Sept. 30, 1978, which 
is $47,500. 

Note: The rates in this General Schedule are effective on the 1st day of the 1st pay period beginning on or after Oct. 1. 
1978, and they were prescribed by the President in Executive Order 12087 (Oct. 7, 1978) pursuant to subch. 1 of ch. 53 
of this title. 

(b) When payment is made on the basis of an hourly, daily, weekly, 
or biweekly rate, the rate is computed from the appropriate annual 
rate of basic pay named by subsection (a) of this section in accord- 
ance with the rules prescribed by section 5504(b) of this title. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 467, amended Pub. L. 90-83, § 1(18), 
Sept. 11, 1967, 81 Stat. 199; Pub. L. 90-206, § 202(a), Dec. 16, 1967, 
81 Stat. 624; Pub. L. 91-656, § 3(c), Jan. 8, 1971, 84 Stat. 1946; Pub. L. 
95-454, Oct. 13, 1978, 92 Stat. 1184.) 



227 Sec. 5333 

§5333. Minimum rate for new appointments; higher rates for 
supervisors of wage-board employees 

(a) Xew appointments shall be made at the minimum rate of the 
appropriate grade. However, under regulations prescribed by the Office 
of Personnel Management which provide for such considerations as 
the existing pay or unusually high or unique qualifications of the candi- 
date, or a special need of the Government for his services, the head of 
an agency may appoint, with the approval of the Office in each specific 
case, an individual to a position in GS-11 or above at such a rate above 
the minimum rate of the appropriate grade as the Office may authorize 
for this purpose. The approval of the Office in each specific case is not 
required with respect to an appointment made by the Librarian of 
Congress. 

(b) Under regulations prescribed by the Office of Personnel Man- 
agement, an employee in a position to which this subchapter applies, 
who regularly has responsibility for supervision (including supervi- 
sion over the technical aspects of the work concerned) over employees 
whose pay is fixed and adjusted from time to time by wage boards or 
similar administrative authority as nearly as is consistent with the 
public interest in accordance with prevailing rates, may be paid at one 
of the rates for his grade which is above the highest rate of basic pay 
being paid to any such prevailing-rate employee regularly supervised, 
or at the maximum rate for his grade, as provided by the regulations. 
(Pub. L 89-554, Sept. 6. 1966, 80 Stat. 467 amended Pub. L. 90-83, 
§ 1(19), Sept. 11, 1967, 81 Stat. 199; amended Pub. L. 95^54, Oct. 13. 
1978, 92 Stat. 1224.) 

§5334. Rate on change of position or type of appointment; 
regulations 

(a) The rate of basic pay to which an employee is entitled is gov- 
erned by regulations prescribed by the Office of Personnel Management 
in conformity with this subchapter and chapter 51 of this title when — 

(1) he is transferred from a position in the legislative, judicial, 
or executive branch to which this subchapter does not apply ; 

(2) he is transferred from a position in the legislative, judicial, 
or executive branch to which this subchapter applies to another 
such position ; 

( 3 ) he is demoted to a position in a lower grade ; 

(4) he is reinstated, reappointed, or reemployed in a position 
to which this subchapter applies following service in any position 
in the legislative, judicial, or executive branch ; 

( 5 ) his type of appointment is changed ; 

( 6 ) his employment status is otherwise changed ; or 

(7) his position is changed from one grade to another grade. 
For the purpose of this subsection, an individual employed by the 
Appalachian Regional Commission under section 106(a) of title 40, 
appendix, or by a regional commission established pursuant to section 
3182 of title 42, under section 3186(2) of that title, who was a Federal 
employee immediately prior to such employment by a commission and 
within 6 months after separation from such employment is employed in 
a position to which this subchapter applies, shall be treated as if trans- 
ferred for a position in the executive branch to which this subchapter 
does not apply. 



Sec. 5335 228 

(b) An employee who is promoted or transferred to a position in 
a higher grade is entitled to basic pay at the lowest rate of the higher 
grade which exceeds his existing rate of basic pay by not less than 
two step-increases of the grade from which he is promoted or trans- 
ferred. If, in the case of an employee so promoted or transferred who 
is receiving basic pay at a rate in excess of the maximum rate of his 
grade, there is no rate in the higher grade which is at least two 
step-increases above his existing rate of basic pay, he is entitled to — 

( 1 ) the maximum rate of the higher grade ; or 

(2) his existing rate of basic pay, if that rate is the higher. 

If an employee so promoted or transferred is receiving basic pay at a 
rate saved to him under subchapter VI of this chapter on reduction 
in grade, he is entitled to — 

(A) basic pay at a rate two steps above the rate which he would 
be receiving if subchapter VI of this chapter were not applicable 
to him ; or 

(B ) his existing rate of basic pay, if that rate is the higher. 

(c) An employee in the legislative branch who is paid by the Sec- 
retary of the Senate or the Clerk of the House of Representatives, and 
who has completed two or more years of service as such an employee, 
and a Member of the Senate or House of Representatives who has 
completed two or more years of service as such a Member, may, on 
appointment to a position to which this subchapter applies, have his 
initial rate of pay fixed — 

( 1 ) at the minimum rate of the appropriate grade ; or 

(2) at a step, or for an employee appointed to a position covered 
by the merit pay system established under section 5402 of this 
title, any dollar amount, of the appropriate grade that does not 
exceed the highest previous rate of pay received by him during 
that service in the legislative branch. 

(d) The rate of pay established for a teaching position as defined 
by section 901 of title 20 held by an individual who becomes subject 
to subsection (a) of this section is deemed increased by 20 percent to 
determine the yearly rate of pay of the position. 

(e) An employee of a county committee established pursuant to 
section 590h(b) of title 16 may upon appointment to a position under 
the Department of Agriculture, subject to this subchapter, have his 
initial rate of basic pay fixed at the minimum rate of the appropriate 
grade, or at any step of such grade that does not exceed the highest 
previous rate of basic pay received by him during service with such 
county committee. 

(f ) In the case of an employee covered by the merit pay system 
established under section 5402 of this title, all references in this section 
to "two steps" or "two step-increases" shall be deemed to mean 6 
percent. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 468, amended Pub. L. 
90-103, § 105, Oct. 11, 1967, 81 Stat. 257; Pub. L. 90-367, § 1, June 29, 
1968, 82 Stat. 277; Pub. L. 90-623, § 1 (6), (24). Oct. 22, 1968, 82 
Stat. 1312, 1314; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1184, 1221, 
1222, and 1224.) 

§5335. Periodic step-increases 

(a) An employee paid on an annual basis, and occupying a per- 
manent position within the scope of the General Schedule, who has not 



229 Sec. 5336 

reached the maximum rate of pay for the grade in which his position 
is placed, shall be advanced in pay successively to the next higher 
rate within the grade at the beginning of the next pay period follow- 
ing the completion of — 

(1) each 52 calendar week of service in pay rates 1, 2, and 3; 

(2) each 104 calendar weeks of service in pay rates 4, 5, and 6; 
or 

(3) each 156 calendar weeks of service in pay rates 7, 8, and 9; 
subject to the following conditions : 

(A) the employee did not receive an equivalent increase in 
pay from any cause during that period ; and 

(B) the work of the employee, except a 1 administrative law 
judge appointed under section 3105 of this title, is of an 
acceptable level of competence as determined by the head of 
the agency. 

(b) Under regulations prescribed by the Office of Personnel Man- 
agement, the benefit of successive step-increases shall be preserved for 
employees whose continuous service is interrupted in the public in- 
terest by sendee with the armed forces or by service in essential non- 
Government civilian employment during a period of war or national 
emergency. 

(c) When a determination is made under subsection (a) of this 
section that the work of an employee is not of an acceptable level of 
competence, the employee is entitled to prompt written notice of that 
determination and an opportunity for reconsideration of the deter- 
mination within his agency under uniform procedures prescribed by 
the Office of Personnel Management. If the determination is affirmed 
on reconsideration, the employee is entitled to appeal to the Merit Sys- 
tems Protection Board. If the reconsideration or appeal results in a 
reversal of the earlier determination, the new determination super- 
sedes the earlier determination and is deemed to have been made as 
of the date of the earlier determination. The authority of the Office 
to prescribe procedures and the entitlement of the employee to appeal 
to the Board do not apply to a determination of acceptable level of 
competence made by the Librarian of Congress. 

(d) An increase in pay granted by statute is not an equivalent in- 
crease in pay within the meaning of subsection (a) of this section. 

(e) This section does not apply to the pay of an individual covered 
by the merit pay system established under section 5402 of this title, or, 
appointed by the President, by and with the advice and consent of the 
Senate. (Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 469, amended Pub. L. 
90-83, § 1(20), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-251, Mar. 27, 
1978, 92 Stat. 183; Pub. L. 95-^54, Oct, 13, 1978, 92 Stat. 1184, 1224, 
and 1225.) 

§5336. Additional step-increases 

(a) Within the limit of available appropriations and under regu- 
lations prescribed by the Office of Personnel Management, the head 
of each agency may grant additional step-increases in recognition of 
high quality performance above that ordinarily found in the type 
of position concerned. However, an employee is eligible under this 
section for only one additional step-increase within any 52-week 
period. 



1 Should be "an' 



Sec. 5337 230 

(b) A step-increase under this section is in addition to those under 
section 5335 of this title and is not an equivalent increase in pay within 
the meaning of section 5335 (a) of this title. 

(c) This section does not apply to the pay of an individual covered 
by the merit pay system established under section 5402 of this title, or. 
appointed by the President, by and with the advice and consent of the 
Senate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 469; amended, Pub. L. 
95-454, Oct. 13, 1978, 92 Stat. 1184 and 1224.) 

§ 5337. Repealed. Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1221 

§5338. Regulations 

The Office of Personnel Management may prescribe regulations nec- 
essary for the administration of this subchapter. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 469; amended Pub. L. 95^54, Oct, 13, 1978, 92 
Stat. 1224.) 









231 Sec. 5341 



SUBCHAPTER IV— PREVAILING RATE SYSTEMS 
§ 5341. Policy 

It is the policy of Congress that rates of pay of prevailing rate 
employees be fixed, and adjusted from time to time as nearly as is 
consistent with the public interest in accordance with prevailing rates 
and be based on principles that — 

(1) there will be equal pay for substantially equal work for 
all prevailing rate employees who are working under similar con- 
ditions of employment in all agencies within the same local wage 
area; 

(2) there will be relative differences in pay within a local wage 
area when there are substantial or recognizable differences in 
duties, responsibilities, and qualification requirements among 
positions ; 

(3) the level of rates of pay will be maintained in line with 
prevailing levels for comparable work within a local wage area ; 
and 

(4) the level of rates of pay will be maintained so as to attract 
and retain qualified prevailing rate employees. 

| (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471, amended Pub. L. 90-83, 
f § 1 (97) , Sept. 11, 1967, 81 Stat. 220 ; Pub. L. 90-560, § 4, Oct. 12, 1968. 
82 Stat. 997; Pub. L. 92-392, § 1, Aug. 19, 1972, 82 Stat. 564.) 

§5342. Definitions; application 

(a) For the purpose of this subchapter — 

(1) "agency" means an Executive agency; but does not 
include — 

(A) a Government controlled corporation; 

(B) the Tennessee Valley Authority ; 

(C) the Alaska Railroad; 

(D) the Virgin Islands Corporation; 

(E) the Atomic Energy Commission; 

(F) the Central Intelligence Agency ; 

(G) the Panama Canal Company; 

(H) the National Security Agency, Department of De- 
fense; or 

(I) the Bureau of Engraving and Printing, except for the 
purposes of section 5349 of this title ; 

(2) "prevailing rate employee" means — 

(A) an individual employed in or under an agency in a 
recognized trade or craft, or other skilled mechanical craft, 
or in an unskilled, semiskilled, or skilled manual labor oc- 
cupation, and any other individual, including a foreman 
and a supervisor, in a position having trade, craft, or labor- 
| ing experience and knowledge as the paramount requirement ; 



Sec. 5343 232 

(B) an employee of a nonappropriated fund instrumen- 
tality described by section 2105(c) of this title who is em- 
ployed in a recognized trade or craft, or other skilled 
mechanical craft, or in an unskilled, semiskilled, or skilled 
manual labor occupation, and any other individual, includ- 
ing a foreman and a supervisor, in a position having trade, 
craft, or laboring experience and knowledge as the paramount 
requirement; and 

(C) an employee of the Veterans' Canteen Service, Veter- 
ans' Administration, excepted from chapter 51 of this title 
by section 5102(c) (14) of this title who is employed in a 
recognized trade or craft, or other skilled mechanical craft, 
or in an unskilled, semiskilled, or skilled manual labor oc- 
cupation, and any other individual, including a foreman and 
a supervisor, in a position having trade, craft, or labor ex- 
perience and knowledge as the paramount requirement ; and 

(3) "position"' means the work, consisting of duties and respon- 
sibilities, assignable to a prevailing rate employee. 

(b) (1) Except as provided by paragraphs (2) and (3) of this 
subsection, this subchapter applies to all prevailing rate employees 
and positions in or under any agency. 

(2) The subchapter does not apply to employees and positions de- 
scribed by section 5102(c) of this title other than by — 

(A) paragraph (7) of that section to the extent that such para- 
graph (7) applies to employees and positions other than em- 
ployees and positions of the Bureau of Engraving and Printing ; 
and 

(B) paragraph (14) of that section. 

(3) This subchapter, except section 5348, does not apply to officers 
and members of crews of vessels excepted from chapter 51 of this title 
by section 5102(c) (8) of this title. 

(c) Each prevailing rate employee employed within any of the 
several States or the District of Columbia shall be a United States 
citizen or a bona fide resident of one of the several States or the Dis- 
trict of Columbia unless the Secretary of Labor certifies that no 
United States citizen or bona fide resident of one of the several States 
or the District of Columbia is available to fill the particular position. 
(Pub. L. 89-554, Sept. 6, 1966, 89 Stat. 471, amended Pub. L. 92-392, 
§ 1, Aug. 19, 1972, 86 Stat, 564.) 

§5343. Prevailing rate determinations; wage schedules; night 
differentials 
(a) The pay of prevailing rate employees shall be fixed and ad- 
justed from time to time as nearly as is consistent with the public in- 
terest in accordance with prevailing rates. Subject to section 213(f) of 
title 29, the rates may not be less than the appropriate rates provided 
by section 206(a) (1)' of title 29. To carry out this subsection— 

(1) the Office of Personnel Management shall define, as appro- 
priate — 

(A) with respect to prevailing rate employees other than 
prevailing rate employees under paragraphs (B) and (C) of 
section 5342(a) (2) of this title, the boundaries of— 



:: 233 Sec. 5343 

(i) individual local wage areas for prevailing rate 
I employees having regular wage schedules and rates ; and 

(ii) wage areas for prevailing rate employees having 
special wage schedules and rates ; 
(B) with respect to prevailing rate employees under para- 
graphs (B) and (C) of section 5342(a) (2) of this title, the 
boundaries of — 

(i) individual local wage areas for prevailing rate 
employees under such paragraphs having regular wage 
schedules and rates (but such boundaries shall not ex- 
tend beyond the immediate locality in which the particu- 
lar prevailing rate employees are employed) ; and 

(ii) wage areas for prevailing rate employees under 
such paragraphs having special wage schedules and 
rates; 

(2) the Office of Personnel Management shall designate a lead 
agency for each wage area ; 

(3) subject to paragraph (5) of this subsection, and subsec- 
tions (c)(l)-(3) and (d) of this section, a lead agency shall con- 
duct wage surveys, analyze wage survey data, and develop and 
establish appropriate wage schedules and rates for prevailing 
rate employees ; 

(4) the head of each agency having prevailing rate employees 
in a wage area shall apply, to the prevailing rate employees of 
that agency in that area, the wage schedules and rates established 
by the lead agency, or by the Office of Personnel Management, as 

f appropriate, for prevailing rate employees in that area; and 

(5) the Office of Personnel Management shall establish wage 
schedules and rates for prevailing rate employees who are United 
States citizens employed in any area which is outside the several 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Canal Zone, the territories and possessions of the United 
States, and the Trust Territory of the Pacific Islands. 

(b) The Office of Personnel Management shall schedule full-scale 
wage surveys every 2 years and shall schedule interim surveys to be 
conducted between each 2 consecutive full-scale wage surveys. The 
Office may schedule more frequent surveys when conditions so 
suggest. 

(c) The Office of Personnel Management, by regulation, shall pre- 
scribe practices and procedures for conducting wage surveys, analyz- 
ing wage survey data, developing and establishing wage schedules and 
rates, and administering the prevailing rate system. The regulations 
shall provide — 

(1) that, subject to subsection (d) of this section, wages sur- 
veyed be those paid by private employers in the wage area for 
similar work performed by regular full-time employees, except 
that, for prevailing rate employees under paragraphs (B) and 
(C) of section 5342(a) (2) of this title, the wages surveyed shall 
be those paid by private employers to full-time employees in a 
representative number of retail, wholesale, service, and recrea- 

| tional establishments similar to those in which such prevailing 

" rate employees are employed ; 



Sec. 5343 234 

(2) for participation at all levels by representatives of organi- 
zations accorded recognition as the representatives of prevailing 
rate of employees in every phase of providing an equitable system 
for fixing and adjusting the rates of pay for prevail- 
ing rate employees, including the planning of the surveys, 
the drafting of specifications, the selection of data collectors, 
the collection and the analysis of the data, and the submission of 
recommendations to the head of the lead agency for wage sched- 
ules and rates and for special wage schedules and rates where 
appropriate ; 

(3) for requirements for the accomplishment of wage surveys 
and for the development of wage schedules and rates for pre- 
vailing rate employees, including, but not limited to — 

(A) nonsupervisory and supervisory prevailing rate em- 
ployees paid under regular wage schedules and rates; 

(B) nonsupervisory and supervisory prevailing rate em- 
ployees paid under special wage schedules and rates; and 

(C) nonsupervisory and supervisory prevailing rate em- 
ployees described under pragraphs (B) and (C) of section 
5342(a)(2) of this title; 

(4) for proper differentials, as determined by the Office, for 
duty involving unusually severe working conditions or unusually 
severe hazards ; 

(5) rules governing the administration of pay for individual 
employees on appointment, transfer, promotion, demotion, and 
other similar changes in employment status ; and 

(6) for a continuing program of maintenance and improve- 
ment designed to keep the prevailing rate system fully abreast 
of changing conditions, practices, and techniques both in and 
out of the Government of the United States. 

(d) (1) A lead agency, in making a wage survey, shall determine 
whether there exists in the local wage area a number of comparable 
positions in private industry sufficient to establish wage schedules 
and rates for the principal types of positions for which the survey is 
made. The determination shall be in writing and shall take into con- 
sideration all relevant evidence, including evidence submitted by em- 
ployee organizations recognized as representative of prevailing rate 
employees in that area. 

(2) When a lead agency determines that there is a number of com- 
parable positions in private industry insufficient to establish the wage 
schedules and rates, such agency shall establish those schedules and 
rates on the basis of — 

(A) local private industry rates; and 

(B) rates paid for comparable positions in private industry 
in the nearest wage area that such agency determines is most 
similar in the nature of its population, employment, manpower, 
and industry to the local wage area for which the wage survey 
is being made. 

(e) (1) Each grade of a regular wage schedule for nonsupervisor 
prevailing rate employees shall have 5 steps with — 

(A) the first step at 96 percent of the prevailing rate; 






235 Sec. 5344 

(B) the second step at 100 percent of the prevailing rate; 

(C) the third step at 104 percent of the prevailing rate; 

(D) the fourth step at 108 percent of the prevailing rate; and 

(E) the fifth step at 112 percent of the prevailing rate. 

(2) A prevailing rate employee under a regular wage schedule 
who has a work performance rating of satisfactory or better, as de- 
termined by the head of the agency, shall advance automatically to the 
next higher step within the grade at the beginning of the first appli- 
cable pay period following his completion of — 

(A) 26 calendar weeks of service in step 1 ; 

(B) 78 calendar weeks of service in step 2 ; and 

(C) 104 calendar weeks of service in each of steps 3 and 4. 

(3) Under regulations prescribed by the Office of Personnel Man- 
agement, the benefits of successive step increases shall be preserved for 
prevailing rate employees under a regular wage schedule whose con- 
tinuous service is interrupted in the public interest by service with the 
armed forces or by service in essential non-Government civilian em- 
ployment during a period of war or national emergency. 

(4) Supervisory wage schedules and special wage schedules au- 
thorized under subsection (c) (3) of this section may have single or 
multiple rates or steps according to prevailing practices in the in- 
dustry on which the schedule is based. 

(f ) A prevailing rate employee is entitled to pay at his scheduled 
rate plus a night differential — 

(1) amounting to 7y 2 percent of that scheduled rate for regu- 
larly scheduled nonovertime work a majority of the hours of 
which occur between 3 p.m. and midnight; and 

(2) amounting to 10 percent of that scheduled rate for regu- 
larly scheduled nonovertime work a majority of the hours of 
which occur between 11 p.m. and 8 a.m. 

A night differential under this subsection is a part of basic pay. 
(Pub. L. 89-544, Sept, 6, 1966, 80 Stat, 471, amended Pub. L. 92-392. 
§ 1, Aug. 19, 1972, 86 Stat. 566; Pub. L. 95-454, Oct, 13, 1978, 92 Stat, 
1224.) 

§5344. Effective date of wage increases; retroactive pay 

(a) Each increase in rates of basic pay granted, pursuant to a wage 
survey, to prevailing rate employees is effective not later than the first 
day of the first pay period which begins on or after the 45th day, ex- 
cluding Saturdays and Sundays, following the date the wage survey 
is ordered to be made. 

(b) Retroactive pay is payable by reason of an increase in rates of 
basic pay referred to in subsection ( a) of this section only when — 

(1) the individual is in the service of the Government of the 
United States, including service in the armed forces, or the gov- 
ernment of the District of Columbia on the date of the issuance 
of the order granting the increase ; or 

(2) the individual retired or died during the period beginning 
on the effective date of the increase and ending on the date of 
issuance of the order granting the increase, and only for services 
performed during that period. 



Sec. 5345 236 

For the purpose of this subsection, service in the armed forces includes 
the period provided by statute for the mandatory restoration of the 
individual to a position, in or under the Government of the United 
States or the government of the District of Columbia after he is re- 
lieved from training and service in the armed forces or discharged 
from hospitalization following that training and service. (Pub. L. 89- 
544, Sept. 6, 1966, 80 Stat. 471, amended Pub. L. 92-392, § 1, Aug. 19, 
1972, 86 Stat. 568.) 

§ 5345. Repealed. Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1221 
§ 5346. Job grading system 

(a) The Office of Personnel Management, after consulting with the 
agencies and with employee organizations, shall establish and main- 
tain a job grading system for positions to which this subchapter ap- 
plies. In carrying out this subsection, the Office shall — 

(1) establish the basic occupational alinement and grade 
structure or structures for the job grading system ; 

(2) establish and define individual occupations and the 
boundaries of each occupation ; 

(3) establish job titles within occupations; 

(4) develop and publish job grading standards; and 

(5) provide a method to assure consistency in the application 
of job standards. 

(b) The Office, from time to time, shall review such numbers of 
positions in each agency as will enable the Office to determine whether 
the agency is placing positions in occupations and grades in con- 
formance with or consistently with published job standards. When 
the Office finds that a position is not placed in its proper occupation 
and grade in conformance with published standards or that a position 
for which there is no published standard is not placed in the occupa- 
tion and grade consistently with published standards, it shall, after 
consultation with appropriate officials of the agency concerned, place 
the position in its appropriate occupation and grade and shall certify 
this action to the agency. The agency shall act in accordance with the 
certificate, and the certificate is binding on all administrative, certi- 
fying, payroll, disbursing, and accounting officials. 

(c) On application, made in accordance with regulations prescribed 
by the Office, by a prevailing rate employee for the review of the 
action of an employing agency in placing his position in an occupation 
and grade for pay purposes, the Office shall — 

(1) ascertain currently the facts as to the duties, responsibili- 
ties, and qualification requirements of the position ; 

(2) decide whether the position has been placed in the proper 
occupation and grade; and 

(3) approve, disapprove, or modify, in accordance with its 
decision, the action of the employing agency in placing the posi- 
tion in an occupation and grade. 

The Office shall certify to the agency concerned its action under 
paragraph (3) of this subsection. The agency shall act in accordance 
with the certificate, and the certificate is binding on all administrative, 
certifying, payroll, disbursing, and accounting officials. (Added 
Pub. L. 92-392, § 1, Aug. 19, 1972, 86 Stat. 570; amended Pub. L. 95- 
454, Oct. 13, 1978, 92 Stat. 1224.) 






237 Sec. 5347 

§ 5347. Federal Prevailing Rate Advisory Committee 

(a) There is established a Federal Prevailing Rate Advisory 
Committee composed of — 

(1) the Chairman, who shall not hold any other office or posi- 
tion in the Government of the United States or the government of 
the District of Columbia, and who shall be appointed by the Direc- 
tor of the Office of Personnel Management for a 4-year term ; 

(2) one member from the Office of the Secretary of Defense, 
designated by the Secretary of Defense ; 

(3) two members from the military departments, designated 
by the Director of the Office of Personnel Management ; 

(4) one member, designated by the Director of the Office of 
Personnel Management from time to time from an agency (other 
than the Department of Defense, a military department, and 
the Office of Personnel Management ; 

(5) an employee of the Office of Personnel Management, desig- 
nated by the Director of the Office of Personnel Management; and 

(6) five members, designated by the Director of the Office of 
Personnel Management, from among the employee organizations 
representing, under exclusive recognition of the Government of 
the United States, the largest numbers of prevailing rate em- 
ployees. 

(b) In designating members from among employee organizations 
under subsection (a) (6) of this section, the Director of the Office of 
Personnel Management shall designate, as nearly as practicable, a num- 
ber of members from a particular employee organization in the same 
proportion to the total number of employee representatives appointed 
to the Committee under subsection (a)(6) of this section as the num- 
ber of prevailing rate employees represented by such organization is to 
the total number of prevailing rate employees. However, there shall not 
be more than two members from any one employee organization nor 
more than four members from a single council, federation, alliance, 
association, or affiliation of employee organizations. 

(c) Every 2 years the Director of the Office of Personnel Manage- 
ment shall review employee organization representation to deter- 
mine adequate or proportional representation under the guidelines of 
subsection (b) of this section. 

(d) The members from the employee organizations serve at the 
pleasure of the Director of the Office of Personnel Management. 

(e) The Committee shall study the prevailing rate system and 
other matters pertinent to the establishment of prevailing rates under 
this subchapter and, from time to time, advise the Office of Personnel 
Management thereon. Conclusions and recommendations of the Com- 
mittee shall be formulated by majority vote. The Chairman of the 
Committee may vote only to break a tie of the Committee. The 
Committee shall make an annual report to the Office and the President 
for transmittal to Congress, including recommendations and other 
matters considered appropriate. Any member of the Committee may 
include in the annual report recommendations and other matters he 
considers appropriate. 

(f) The Committee shall meet at the call of the Chairman. How- 
ever, a special meeting shall be called by the Chairman if 5 members 
make a written request to the Chairman to call a special meeting to 
consider matters within the purview of the Committee. 

35-550 O - 79 - 17 






Sec. 5348 238 

(g) Members of the Committee described in paragraphs (2) -(5) 
of subsection (a) of this section serve without additional pay. The 
Chairman is entitled to a rate of pay equal to the maximum rate 
currently paid, from time to time, under the General Schedule. Mem- 
bers who represent employee organizations are not entitled to pay from 
the Government of the United States for services rendered to the 
Committee. 

(h) The Office of Personnel Management shall provide such clerical 
and professional personnel as the Chairman of the Committee consid- 
ers appropriate and necessary to carry out its functions under this sub- 
chapter. Such personnel shall be responsible to the Chairman of the 
Committee. (Added Pub. L. 92-392, § 1, Aug. 19, 1972, 86 Stat. 571; 
amended, Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§5348. Crews of vessels 

(a) Except as provided by subsections (b) and (c) of this section, 
the pay of officers and members of crews of vessels excepted from 
chapter 51 of this title by section 5102(c) (8) of this title shall be 
fixed and adjusted from time to time as nearly as is consistent with the 
public interest in accordance with prevailing rates and practices in the 
maritime industry. 

(b) Vessel employees of the Panama Canal Company may be paid 
in accordance with the wage practice of the maritime industry. 

(c) Vessel employees in an area were inadequate maritime industry 
practice exists and vessel employees of the Corps of Engineers shall 
have their pay fixed and adjusted under the provisions of this sub- 
chapter other than this section, as appropriate. (Added Pub. L. 92-392, 
§ 1, Aug. 19, 1972, 86 Stat. 572.) 

§ 5349. Prevailing rate employees ; legislative, judicial, Bureau 
of Engraving and Printing, and government of the Dis- 
trict of Columbia 

(a) The pay of employees, described under section 5102(c) (7) of 
this title, in the Administrative Office of the United States Courts, 
the Library of Congress, the Botanic Garden, the Government Print- 
ing Office, the Office of the Architect of the Capitol, the Bureau of 
Engraving and Printing, and the government of the District of Co- 
lumbia, shall be fixed and adjusted from time to time as nearly as is 
consistent with the public interest in accordance with prevailing rates 
and in accordance with such provisions of this subchapter, including 
the provisions of section 5344, relating to retroactive pay, and sub- 
chapter VI of this chapter, relating to grade and pay retention, as the ■ 
pay-fixing authority of each such agency may determine. Subject to 
section 213(f) of title 29, the rates may not be less than the appropri- 
ate rates provided for by section 206(a) (1) of title 29. If the pay-fix- 
ing authority concerned determines that the provisions of subchapter 
VI of this chapter should apply to any employee under his jurisdiction, 
then the employee concerned shall be deemed to have satisfied the re- 
quirements of section 536(1) of this title if the tenure of his appoint- 
ment is substantially equivalent to the tenure of any appointment 
referred to in such paragraph. 

(b) Subsection (a) of this section does not modify or otherwise I 
affect section 5102(d) of this title, section 305 of title 44, and section 
180 of title 31. (Added Pub. L. 92-392, § 1, Aug. 19, 1972, 86 Stat, 
572 ; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1122.) 



239 Sec. 5351 



SUBCHAPTER V— STUDENT-EMPLOYEES 
§5351. Definitions 

For the purpose of this subchapter — 

(1) "agency" means an Executive agency, a military depart- 
ment, and the government of the District of Columbia ; and 

(2) "student-employee" means— 

(A) a student nurse, medical or dental intern, resident-in- 
training, student dietitian, student physical therapist, and 
student occupational therapist, assigned or attached to a hos- 
pital, clinic, or medical or dental laboratory operated by an 
agency ; and 

(B) any other student-employee, assigned or attached pri- 
marily for training purposes to a hospital, clinic, or medical 
or dental laboratory operated by an agency, who is designated 
by the head of the agency with the approval of the Office of 
Personnel Management. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat, 1224.) 

. §5352. Stipends 

" The head of each agency, and the District of Columbia Council with 
respect to the government of the District of Columbia, shall fix the 
stipends of its student-employees. The stipend may not exceed the 
applicable maximum prescribed by the Office of Personnel Manage- 
ment. (Pub. L. 89-554, Sept. 6, 1968, 80 Stat. 472, amended Pub. L. 
90-623, § 1(7), Oct. 22, 1968, 82 Stat. 1312; amended Pub L. 95-454, 
Oct. 13, 1978, 92 Stat. 1224.) 

§ 5353. Quarters, subsistence, and laundry 

An agency may provide living quarters, subsistence, and laundering 
to student-employees while at the hospitals, clinics, or laboratories. 
The reasonable value of the accommodations, when furnished, shall 
be deducted from the stipend of the student-employee. The head of the 
agency concerned, and the District of Columbia Council with respect 
to the government of the District of Columbia, shall fix the reasonable 
value of the accommodations at an amount not less than the lowest 
deduction applicable to regular employees at the same hospital clinic, 
or laboratory for similar accommodations. (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat. 472, amended Pub L. 90-623, § 1(8), Oct. 22, 1968, 82 
Stat. 1312.) 

§5354. Effect of detail or affiliation; travel expenses 

(a) Status as a student-employee is not terminated by a temporary 

detail to. or affiliation with another Government or non-Government 

institution to procure necessary supplementary training or experience 

I pursuant to an order of the head of the agency. A student-employee 

may receive his stipend and other perquisites provided under this 






Sec. 5355 240 

subchapter from the hospital, clinic, or laboratory to which he is as- 
signed or attached for not more than 60 days of a detail or affiliation 
for each training year, as defined by the head of the agency. 

(b) When the detail or affiliation under subsection (a) of this sec- 
tion is to or with another Federal institution, the student-employee is 
entitled to necessary expenses of travel to and from the institution in 
accordance with subchapter I of chapter 57 of this title. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 472.) 

§5355. Effect on other statutes 

This subchapter does not limit the authority conferred on the Ad- 
ministrator of Veterans* Affairs by chapter 73 of title 38. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 472.) 

§5356. Appropriations 

Funds appropriated to an agency for expenses of its hospitals, 
clinics, and laboratories to which student-employees are assigned or 
attached are available to carry out the provisions of this subchapter. 
(Added Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472.) 



i 






241 Sec. 5361 



SUBCHAPTER VI— GRADE AND PAY RETENTION 

§ 5361. Definitions 

For the purpose of this subchapter — 

(1) "employee" means an employee to whom chapter 51 of this 
title applies, and a prevailing rate employee, as defined by section 
5342(a) (2) of this title, whose employment is other than on a 
temporary or term basis ; 

(2) "agency" has the meaning given it by section 5102 of this 
title ; 

(3) "retained grade" means the grade used for determining 
benefits to which an employee to whom section 5362 of this title 
applies is entitled ; 

(4) "rate of basic pay" means, in the case of a prevailing rate 
employee, the scheduled rate of pay determined under section 5343 
of this title ; 

(5) "covered pay schedule" means the General Schedule, any 
prevailing rate schedule established under subchapter IV of this 
chapter, or the merit pay system under chapter 54 of this title ; 

(6) "position subject to this subchapter" means any position 
under a covered pay schedule ; and 

(7) "reduction-in-force procedures" means procedures applied 
in carrying out any reduction in force due to a reorganization, due 
to lack of funds or curtailment of work, or due to any other factor. 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1218.) 

§ 5362. Grade retention following a change of positions or reclas- 
sification 

(a) Any employee — 

(1) who is placed as a result of reduction-in-force procedures 
from a position subject to this subchapter to another position 
which is subject to this subchapter and which is in a lower grade 
than the previous position, and 

(2) who has served for 52 consecutive weeks or more in one or 
more positions subject to this subchapter at a grade or grades 
higher than that of the new position, 

is entitled, to the extent provided in subsection (c) of this section, to 
have the grade of the position held immediately before such place- 
ment be considered to be the retained grade of the employee in any 
position he holds for the 2-year period beginning on the date of such 
placement. 

(b) (1) Any employee who is in a position subject to this subchapter 
and whose position has been reduced in grade is entitled, to the extent 
provided in subsection (c) of this section, to have the grade of such 
position before reduction be treated as the retained grade of such 
employee for the 2-year period beginning on the date of the reduction 
in grade. 



Sec. 5363 242 

(2) The provisions of paragraph (1) of this subsection shall not 
apply with respect to any reduction in the grade of a position which 
had not been classified at the higher grade for a continuous period of 
at least one year immediately before such reduction. 

(c) For the 2-year period referred to in subsections (a) and (b) of 
this section, the retained grade of an employee under such subsection 
(a) or (b) shall be treated as the grade of the employee's position for 
all purposes (including pay and pay administration under this chapter 
and chapters 54 and 55 of this title, retirement and life insurance under 
chapters 83 and 87 of this title, and eligibility for training and promo- 
tion under this title) except — 

(1) for purposes of subsection (a) of this section. 

(2) for purposes of applying any reduction-in-force proce- 
dures, 

(3) for purposes of determining whether the employee is cov- 
ered by the merit pay system established under section 5402 of 
this title, or 

(4) for such other purposes as the Office of Personnel Manage- 
ment may provide by regulation. 

(d) The foregoing provisions of this section shall cease to apply to 
an employee who — 

(1) has a break in service of one workday or more ; 

(2) is demoted (determined without regard to this section) for 
personal cause or at the employee's request ; 

(3) is placed in, or declines a reasonable offer of, a position the 
grade of which is equal to or higher than the retained grade ; or 

(4) elects in writing to have the benefits of this section ter- 
minate. 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1219.) 

§ 5363. Pay retention 

(a) Any employee — 

(1) who ceases to be entitled to the benefits of section 5362 of 
this title by reason of the expiration of the 2-year period of cov- 
erage provided under such section ; 

(2) who is in a position subject to this subchapter and who is 
subject to a reduction or termination of a special rate of pay estab- 
lished under section 5303 of this title ; or 

(3) who is in a position subject to this subchapter and who 
(but for this section) would be subject to a reduction in pay under 
circumstances prescribed by the Office of Personnel Management 
by regulation to warrant the application of this section ; 

is entitled to basic pay at a rate equal to (A) the employee's allowable 
former rate of basic pay, plus (B) 50 percent of the amount of each 
increase in the maximum rate of basic pay payable for the grade of 
the employee's position immediately after such reduction in pay if such 
allowable former rate exceeds such maximum rate for such grade. 

(b) For the purpose of subsection (a) of this section, "allowable 
former rate of basic pay" means the lower of — 

(1) the rate of basic pay payable to the employee immediately 
before the reduction in pay ; or 






* 



243 Sec. 5364 

(2) 150 percent of the maximum rate of basic pay payable for 
the grade of the employee's position immediately after such reduc- 
tion in pay. 
(c) The preceding provisions of this section shall cease to apply to 
an employee who — 

(1) has a break in service of one workday or more; 

(2) is entitled by operation of this subchapter or chapter 51, 
53, or 54 of this title to a rate of basic pay which is equal to or 
higher than, or declines a reasonable offer of a position the rate 
of basic pay for which is equal to or higher than, the rate to which 
the employee is entitled under this section ; or 

(3) is demoted for personal cause or at the employee's request. 
(Pub. L. 95^54, Oct, 13, 1978, 92 Stat. 1219.) 

§5364. Remedial actions 

Under regulations prescribed by the Office of Personnel Manage- 
ment, the Office may require any agency — 

(1) to report to the Office information with respect to vacan- 
cies (including impending vacancies) ; 

(2) to take such steps as may be appropriate to assure em- 
ployees receiving benefits under section 5362 or 5363 of this title 
have the opportunity to obtain necessary qualifications for the 
selection to positions which would minimize the need for the ap- 
plication of such sections ; 

(3) to establish a program under which employees receiving 
benefits under section 5362 or 5363 of this title are given priority 
in the consideration for or placement in positions which are equal 
to their retained grade or pay ; and 

(4) to place certain employees, notwithstanding the fact their 
previous position was in a different agency, but only in circum- 
stances in which the Office determines the exercise of such au- 
thority is necessary to carry out the purpose of this section. 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1220.) 

§5365. Regulations 

(a) The Office of Personnel Management shall prescribe regula- 
tions to carry out the purpose of this subchapter. 

(b) Under such regulations, the Office may provide for the applica- 
tion of all or portions of the provisions of this subchapter — 

(1) to any individual reduced to a grade of a covered pay 
schedule from a position not subject to this subchapter; 

(2) to individuals to whom such provisions do not otherwise 
apply ; and 

(3) to situations the application to which is justified for pur- 
poses of carrying out the mission of the agency or agencies 
involved. 

(Pub. L. 95-±54, Oct, 13, 1978, 92 Stat. 1220.) 

§5366. Appeals 

(a) (1) In the case of the termination of any benefits available to 
an employee under this subchapter on the grounds such employee 
declined a reasonable offer of a position the grade or pay of which 



Sec. 5366 244 

was equal to or greater than his retained grade or pay, such termina- 
tion may be appealed to the Office of Personnel Management under 
procedures prescribed by the Office. 

(2) Nothing in this subchapter shall be construed to affect the right 
of any employee to appeal — 

(A) under section 5112(b) or 5346(c) of this title, or other- 
wise, any reclassification of a position ; or 

(B) under procedures prescribed by the Office of Personnel 
Management, any reduction-in-force action. 

(b) For purposes of any appeal procedures (other than those de- 
scribed in subsection (a) of this section) or any grievance procedure 
negotiated under the provisions of chapter 71 of this title — 

(1) any action which is the basis of an individual's entitlement 
to benefits under this subchapter, and 

(2) any termination of any such benefits under this subchapter, 
shall not be treated as appealable under such appeals procedures or 
grievable under such grievance procedure. 

(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1221.) 



245 Sec. 5371 



SUBCHAPTER VII— MISCELLANEOUS PROVISIONS 

§5371. Scientific and professional positions 

Subject to the approval of the Office of Personnel Management, the 
head of the agency concerned shall fix the annual rate of basic pay for 
scientific and professional positions established under section 3104 of 
this title at not less than the minimum rate for GS-16 nor more than 
the maximum rate for GS-18. (Pub. L. 98-554, Sept. 6, 1966, 80 Stat, 
473; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1221 and 1224.) 

§5372. Administrative law judges 

Administrative law judges appointed under section 3105 of this 
title are entitled to pay prescribed by the Office of Personnel Manage- 
ment independently of agency recommendations or ratings and in 
accordance with subchapter III of this chapter and chapter 51 of this 
title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473; amended Pub. L. 
95-251, Mar. 27, 1978, 92 Stat. 183, 1221 and 1224.) 

§5373. Limitation on pay fixed by administrative action 

Except as provided by the Government Employees Salary Reform 
) Act of 1964 (78 Stat. 400) and notwithstanding the provisions of other 
statutes, the head of an Executive agency or military department who 
is authorized to fix by administrative action the annual rate of basic 
pay for a position or employee may not fix the rate at more than the 
maximum rate for GS-18. This section does not impair the authorities 
provided by — 

(1) section 121 of title 2, Canal Zone Code (76A Stat. 15) ; 

(2) sections 248, 481, and 1819 of title 12 ; 

(3) section 831b of title 16 ; or 

(4) sections 403a-403c, 403e-403h, and 403j of title 50. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473; amended Pub. L. 95^54, 
Oct. 13, 1978, 92 Stat, 1221.) 

§5374. Miscellaneous positions in the executive branch 

The head of the agency concerned shall fix the annual rate of basic 
pay for each position in the executive branch specifically referred to 
in, or covered by, a conforming change in statute made by section 305 
of the Government Employees Salary Reform Act of 1964 (78 Stat. 
422), or other position in the executive branch for which the annual 
pay is fixed at a rate of $18,500 or more under special provision of 
statute enacted before August 14. 1964, which is not placed in a level 
of the Executive Schedule set forth in subchapter II of this chapter, 
at a rate equal to the pay rate of a grade and a step of the General 
Schedule set forth in section 5332 of this title. The head of the agency 
. concerned shall report each action taken under this section to the Office 
) of Personnel Management and publish a notice thereof in the Federal 



Sec. 5375 246 

Register, except when the President determines that the report and J 
publication would be contrary to the interest of national security. | 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 473; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1221 and 1224.) 

§5375. Police force of National Zoological Park 

The Secretary of the Smithsonian Institution shall fix the per annum 
rates of basic pay of positions on the police force of the National 
Zoological Park in accordance with the following provisions : 

( 1 ) Private — not more than the rate for GS-7, Step 5 ; 

(2) Sergeant — not more than the rate for GS-8, Step 5 ; 

(3) Lieutenant — not more than the rate for GS-9, Step 5 ; 

(4) Captain — not more than the rate for GS-10, Step 5. 
(Added Pub. L. 91-34, §l(a), June 30, 1969, 83 Stat. 41, amended 
Pub. L. 94-183, § 2(20), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95^54, 
Oct. 13, 1978, 92 Stat. 1221.) 



► 



r 



247 Sec. 5381 



SUBCHAPTER VIII— PAY FOR THE SENIOR 
EXECUTIVE SERVICE 
§5381. Definitions 

For the purpose of this subchapter, "agency", "Senior Executive 
Service position", and "senior executive" have the meanings set for in 
section 3132(a) of this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat, 
1171.) 

§5382. Establishment and adjustment of rates of pay for the 
Senior Executive Service 

(a) There shall be 5 or more rates of basic pay for the Senior Execu- 
tive Service, and each senior executive shall be paid at one of the rates. 
The rates of basic pay shall be initially established and thereafter 
adjusted by the President subject to subsection (b) of this section. 

(b) In setting rates of basic pay, the lowest rate for the Senior 
Executive Service shall not be less than the minimum rate of basic pay 
payable for GS-16 of the General Schedule and the highest rate shall 
not exceed the rate for level IV of the Executive Schedule. The pay- 
ment of the rates shall not be subject to the pay limitations of section 

I 5308 or 5373 of this title. 

(c) Subject to subsection (b) of this section, effective at the begin- 
ning of the first applicable pay period commencing on or after the first 
day of the month in which an adjustment takes effect under section 5305 
of this title in the rates of pay under the General Schedule, each rate 
of basic pay for the Senior Executive Service shall be adjusted by an 
amount determined by the President to be appropriate. The adjusted 
rates of basic pay for the Senior Executive Service shall be included 
in the report transmitted to the Congress by the President under section 
5305(a) (3) or (c) (1) of this title. 

(d) The rates of basic pay that are established and adjusted under 
this section shall be printed in the Federal Register and shall supersede 
any prior rates of basic pay for the Senior Executive Service (Pub. L. 
95-454, Oct, 13, 1978, 92 Stat. 1171.) 

§5383. Setting individual senior executive pay 

(a) Each appointing authority shall determine, in accordance with 
criteria established by the Office of Personnel Management, which of 
the rates established under section 5382 of this title shall be paid to 
each senior executive under such appointing authority. 

(b) In no event may the aggregate amount paid to a senior execu- 
tive during any fiscal year under sections 4507, 5382, and 5384 of this 
title exceed the annual rate payable for positions at level I of the 
Executive Schedule in effect at the end of such fiscal year. 

(c) Except for any pay adjustment under section 5382 of this title, 
4 the rate of basic pay for any senior executive may not be adjusted 
^ more than once during any 12-month period. 



Sec. 5384 248 

(d) The rate of basic pay for any career appointee may be reduced 
from any rate of basic pay to any lower rate of basic pay only if the 
career appointee receives a written notice of the reduction at least 15 
days in advance of the reduction (Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1171.) 

§ 5384. Performance awards in the Senior Executive Service 

(a) (1) To encourage excellence in performance by career appoint- 
ees, performance awards shall be paid to career appointees in accord- 
ance with the provisions of this section. 

(2) Such awards shall be paid in a lump sum and shall be in addi- 
tion to the basic pay paid under section 5382 of this title or any award 
paid under section 4507 of this title. 

(b) (1) No performance award under this section shall be paid to 
any career appointee whose performance was determined to be less 
than fully successful at the time of the appointee's most recent per- 
formance appraisal and rating under subchapter II of chapter 43 of 
this title. 

(2) The amount of a performance award under this section shall be 
determined by the agency head but may not exceed 20 percent of the 
career appointee's rate of basic pay. 

(3) The number of career appointees in any agency paid perform- 
ance awards under this section during any fiscal year may not exceed 
50 percent of the number of Senior Executive Service positions in such 
agency. This paragraph shall not apply in the case of any agency 
which has less than 4 Senior Executive Service positions. 

(c) Performance awards paid by any agency under this section 
shall be based on recommendations by performance review boards 
established by such agency under section 4314 of this title. 

(d) The Office of Personnel Management may issue guidance to 
agencies concerning the proportion of Senior Executive Service salary 
expenses that may be appropriately applied to payment of perform- 
ance awards and the distribution of awards. (Pub. L. 95-454, Oct. 
13, 1978, 92 Stat. 1172.) 

§5385. Regulations 

The Office of Personnel Management shall prescribe regulations to 
carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1172.) 



249 Sec. 5401 



CHAPTER 54— MERIT PAY AND CASH AWARDS 

Sec. 

5401. Purpose. 

5402. Merit pay system. 

5403. Cash award program. 

5404. Report. 

5405. Regulations. 

§5401. Purpose 

( a ) It is the purpose of this chapter to provide for — 

( 1 ) a merit pay system which shall — 

(A) within available funds, recognize and reward quality 
performance by varying merit pay adjustments ; 

(B) use performance appraisals as the basis for determin- 
ing merit pay adjustments; 

(C) within available funds, provide for training to im- 
prove objectivity and fairness in the evaluation of perform- 
ance; and 

(D) regulate the costs of merit pay by establishing appro- 
priate control techniques ; and 

(2) a cash award program which shall provide cash awards 
for superior accomplishment and special service. 

(b)(1) Except as provided in paragraph (2) of this subsection, 
this chapter shall apply to any supervisor or management official (as 
denned in paragraphs (10) and (11) of section 7103 of this title, 
respectively) who is in a position which is in GS-13, 14, or 15 of the 
General Schedule described in section 5104 of this title. 

(2) (A) Upon application under subparagraph (C) of this para- 
graph, the President may, in writing, exclude an agency or any unit 
of an agency from the application of this chapter if the President 
considers such exclusion to the required as a result of conditions aris- 
ing from — 

(i) the recent establishment of the agency or unit, or the im- 
plementation of a new program, 
(ii) an emergency situation, or 
(iii) any other situation or circumstance. 

(B) Any exclusion under this paragraph shall not take effect 
earlier than 30 calendar days after the President transmits to each 
House of the Congress a report describing the agency or unit to be 
excluded and the reasons therefor. 

(C) An application for exclusion under this paragraph of an 
agency or any unit of an agency shall be filed by the head of the 
agency with the Office of Personnel Management, and shall set forth 
reasons why the agency or unit should be excluded from this chapter. 
The Office shall review the application and reasons, undertake such 
other review as it considers appropriate to determine whether the 
agency or unit should be excluded from the coverage of this chapter, 
and upon completion of its review, recommend to the President 
whether the agency or unit should be so excluded. 



Sec. 5402 250 

(D) Any agency or unit which is excluded pursuant to this para- 
graph shall, insofar as practicable, make a sustained effort to eliminate 
the conditions on which the exclusion is based. 

(E) The Office shall periodically review any exclusion from cover- 
age and may at any time recommend to the President that an exclusion 
under this paragraph be revoked. The President may at any time 
revoke, in writing, any exclusion under this paragraph. (Pub. L. 95- 
454, Oct, 13, 1978, 92 Stat. 1180.) 

§5402. Merit pay system 

(a) In accordance with the purpose set forth in section 5401(a) (1) 
of this title, the Office of Personnel Management shall establish a merit 
pay system which shall provide for a range of basic pay for each 
grade to which the system applies, which range shall be limited by the 
minimum and maximum rates of basic pay payable for each grade 
under chapter 53 of this title. 

(b) (1) Under regulations prescribed by the Office, the head of each 
agency may provide for increases within the range of basic pay for any 
employee covered by the merit pay system. 

(2) Determinations to provide pay increases under this sub- 
section — 

(A) may take into account individual performance and 
organizational accomplishment, and 

(B) shall be based on factors such as — 

(i) any improvement in efficiency, productivity, and 
quality of work or service, including any significant reduction 
in paperwork; 

(ii) cost efficiency ; 

(iii) timeliness of performance; and 

(iv) other indications of the effectiveness, productivity, 
and quality of performance of the employees for whom the 
employee is responsible; 

(C) shall be subject to review only in accordance with and to 
the extent provided by procedures established by the head of the 
agency; and 

(D) shall be made in accordance with regulations issued by 
the Office which relate to the distribution of increases authorized 
under this subsection. 

(3) For any fiscal year, the head of any agency may exercise 
authority under paragraph (1) of this subsection only to the extent of 
the funds available for the purpose of this subsection. 

(4) The funds available for the purpose of this subsection to the 
J^ead of any agency for any fiscal year shall be determined before the 
beginning of the fiscal year by the Office on the basis of the amount 
estimated by the Office to be necessary to reflect— 

(A) within-grade step increases and quality step increases 
winch would have been paid under subchapter III of chapter 53 
of this title during the fiscal year to the employees of the agency 
covered by the merit pay system if the employees were not so 
covered; and 

(B) adjustments under section 5305 of this title whicli would 
have been paid under sucli subchapter during the fiscal year to 
such employees if the employees were not so covered, less an 






251 Sec. 5403 

amount reflecting the adjustment under subsection (c) (1) of this 
section in rates of basic pay payable to the employees for the fiscal 
year, 
(c) (1) Effective at the beginning of the first applicable pay period 
commencing on or after the first day of the month in which an adjust- 
ment takes effect under section 5305 of this title, the rate of basic pay 
for any position under this chapter shall be adjusted by an amount 
equal to the greater of — 

(A) one-half of the percentage of the adjustment in the 
annual rate of pay which corresponds to the percentage generally 
applicable to positions not covered by the merit pay system in the 
same grade as the position ; or 

(B) such greater amount of such percentage of such adjust- 
ment in the annual rate of pay as may be determined by the Office. 

(2) Any employee whose position is brought under the merit pay 
system shall, so long as the employee continues to occupy the position, 
be entitled to receive basic pay at a rate of basic pay not less than the 
rate the employee was receiving when the position was brought under 
the merit pay system, plus any subsequent adjustment under para- 
graph (1) of this subsection. 

(3) No employee to whom this chapter applies may be paid less 
than the minimum rate of basic pay of the grade of the employee's 
position. 

(d) Under regulations prescribed by the Office, the benefit of 
advancement through the range of basic pay for a grade shall be 
preserved for any employee covered by the merit pay system whose 
continuous service is interrupted in the' public interest by service with 
the armed forces, or by service in essential non- Government civilian 
employment during a period of war or national emergency. 

(e) For the purpose of section 5941 of this title, rates of basic pay 
of employees covered by the merit pay system shall be considered rates 
of basic pay fixed by statute. (Pub. L. 95-154, Oct. 13, 1978, 92 Stat. 
1181.) 

§5403. Cash award program 

(a) The head of any agency may pay a cash award to, and incur 
necessary expenses for the honorary recognition of, any emplovee 
covered by the merit pay system who — 

(1) by the employee's suggestion, invention, superior accom- 
plishment, or other personal effort, contributes to the efficiency, 
economy, or other improvement of Government operations or 
achieves a significant reduction in paperwork ; or 

(2) performs a special act or service in the public interest in 
connection with or related to the employee's Federal employment. 

(b) The President may pay a cash award to, and incur necessary 
expenses for the honorary recognition of, any employee covered by 
the merit pay system who— 

(1) by the employee's suggestion, invention, superior accom- 
plishment, or other personal effort, contributes to the efficiency, 
economy, or other improvement of Government operations or 
achieves a significant reduction in paperwork; or 

(2) performs an exceptionally meritorious special act or serv- 



Sec. 5404 252 

ice in the public interest in connection with or related to the 

employee's Federal employment. 
A Presidential cash award may be in addition to an agency cash award 
under subsection (a) of this section. 

(c) A cash award to any employee under this section is in addi- 
tion to the basic pay of the employee under section 5402 of this title. 
Acceptance of a cash award under this section constitutes an agree- 
ment that the use by the Government of any idea, method, or device 
for which the award is made does not form the basis of any claim of 
any nature against the Government by the employee accepting the 
award, or the employee's heirs or assigns. 

(d) A cash award to, and expenses for the honorary recognition of, 
any employee covered by the merit pay system may be paid from the 
fund or appropriation available to the activity primarily benefiting, 
or the various activities benefiting, from the suggestion, invention, 
superior accomplishment, or other meritorious effort of the employee. 
The head of the agency concerned shall determine the amount to be 
contributed by each activity to any agency cash award under subsection 

(a) of this section. The President shall determine the amount to be 
contributed by each activity to a Presidential award under subsection 

(b) of this section. 

(e)(1) Except as provided in paragraph (2) of this subsection, a 
cash award under this section may not exceed $10,000. 

(2) If the head of any agency certifies to the Office of Personnel 
Management that the suggestion, invention, superior accomplishment, 
or other meritorious effort of an employee for which a cash award is d 
proposed, is highly exceptional and unusually outstanding, a cash 
award in excess of $10,000 but not in excess of $25,000 may be awarded 
to the employee on the approval of the Office. 

(f ) The President or the head of an agency may pay a cash award 
under this section notwithstanding the death or separation from the 
service of an employee, if the suggestion, invention, superior accom- 
plishment, or other meritorious effort of the employee for which the 
award is proposed was made or performed while the employee was 
covered by the merit pay system. (Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1182.) 

§5404. Report 

The Office of Personnel Management shall include in each annual 
report required by section 1308(a) of this title a report on the opera- 
tion of the merit pay system and the cash award program established 
under this chapter. The report shall include — 

(1) an analysis of the cost and effectiveness of the merit pay 
system and the cash award program ; and 

(2) a statement of the agencies and units excluded from the 
coverage of this chapter under section 5401 (b) (2) of this title, the 
reasons for which each exclusion was made, and whether the 
exclusion continues to be warranted. (Pub. L. 95^54, Oct. 13, 
1978, 92 Stat. 1183.) 

§5405. Regulations 

The Office of Personnel Management shall prescribe regulations to £ 
carry out the purpose of this chapter. (Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1183.) 



CHAPTER 55— PAY ADMINISTRATION 

SUBCHAPTER I— GENERAL PROVISIONS 

Sec. 

5501. Disposition of money accruing from lapsed salaries or unused appropria- 

tions for salaries. 

5502. Unauthorized office ; prohibition on use of funds. 

5503. Recess appointments. 

5504. Biweekly pay periods ; computation of pay. 

5505. Monthly pay periods ; computation of pay. 

5506. Computation of extra pay based on standard or daylight saving time. 

5507. Officer affidavit ; condition to pay. 

5508. Officer entitled to leave, effect on pay status. 

5509. Appropriations. 

SUBCHAPTER II— WITHHOLDING PAY 

5511. Withholding pay ; employees removed for cause. 

5512. Withholding pay ; individuals in arrears. 

5513. Withholding pay ; credit disallowed or charge raised for payment. 

5514. Installment deduction for indebtedness because of erroneous payment. 

5515. Crediting amounts received for jury or witness service. 

5516. Withholding District of Columbia income taxes. 

5517. Withholding State income taxes. 

5518. Deductions for State retirement systems ; National Guard employees. 

5519. Crediting amounts received for certain Reserve or National Guard service. 

5520. Withholding of city or county income or employment taxes. 

SUBCHAPTER III— ADVANCEMENT, ALLOTMENT, AND 
ASSIGNMENT OF PAY 

5521. Definitions. 

5522. Advance payments ; rates ; amounts recoverable. 

5523. Duration of payments ; rates ; active service period. 

5524. Review of accounts. 

5525. Allotment and assignment of pay. 

5526. Funds available on reimbursable basis. 

5527. Regulations. 

SUBCHAPTER IV— DUAL PAY AND DUAL EMPLOYMENT 

5531. Definitions. 

5532. Employment of retired members of the uniformed services; reduction in 

retired or retainer pay. 

5533. Dual pay from more than one position ; limitations ; exceptions. 

5534. Dual employment and pay of Reserves and National Guardsmen. 

5534a. Dual employment and pay during terminal leave from uniformed services. 

5535. Extra pay for details prohibited. 

5536. Extra pay for extra services prohibited. 

5537. Fees for jury and witness service. 

SUBCHAPTER V— PREMIUM PAY 

5541. Definitions. 

5542. Overtime rate ; computation. 

5543. Compensatory time off. 

5544. Wage-board overtime and Sunday rates ; computation. 

5545. Night, standby, irregular, and hazardous duty differential. 

5546. Pay for Sunday and holiday work. 

(253) 



35-550 O - 79 



254 

SUBCHAPTER V— PREMIUM PAY— Continued 
Sec. 

5547. Limitation on premium pay. 

5548. Regulations. 

5549. Effect on other statutes. 

5550. Pay for Sunday and overtime work ; employees of nonappropriated fund 

instrumentalities. 
5550a. Compensatory time off for religious observances. 

SUBCHAPTER VI— PAYMENT FOR ACCUMULATED AND ACCRUED 

LEAVE 

5551. Lump-sum payment for accumulated and accrued leave on separation. 

5552. Lump-sum payment for accumulated and accrued leave on entering active 

duty ; election. 

SUBCHAPTER VII— PAYMENTS TO MISSING EMPLOYEES 

5561. Definitions. 

5562. Pay and allowances ; continuance while in a missing status ; limitations, 

5563. Allotments ; continuance, suspension, initiation, resumption, or increase 

while in a missing status ; limitations. 

5564. Travel and transportation; dependents; household and personal effects; 

motor vehicles ; sale of bulky items ; claims for proceeds ; appropriation 
chargeable. 

5565. Agency review. 

5566. Agency determinations. 

5567. Settlement of accounts. 

5568. Income tax deferment. 

SUBCHAPTER VIII— SETTLEMENT OF ACCOUNTS 

5581. Definitions. 

5582. Designation of beneficiary ; order of precedence. 

5583. Payment of money due ; settlement of accounts. 

5584. Claims for overpayment of pay and allowances, other than travel and 

transportation expenses and allowances and relocation expenses. 

SUBCHAPTER IX— SEVERANCE PAY AND BACK PAY 
5591- 

5594. [Repealed.] 

5595. Severance pay. 

5596. Back pay due to unjustified personnel action. 






I 






255 Sec. 5501 



SUBCHAPTER I— GENERAL PROVISIONS 

§5501. Disposition of money accruing from lapsed salaries or 
unused appropriations for salaries 

Money accruing from lapsed salaries or from unused appropriations 
for salaries shall be covered into the Treasury of the United States. 
An individual who violates this section shall be removed from the 
service. (Pub. L. 89-554. Sept. 6, 1966, 80 Stat, 475.) 

§5502. Unauthorized office; prohibition on use of funds 

(a) Payment for services may not be made from the Treasury of 
the United States to an individual acting or assuming to act as an 
officer in the civil service, or uniformed services in an office which is 
not authorized by existing law, unless the office is later sanctioned by 
law. 

(b) Except as otherwise provided by statute, public money and 
appropriations may not be used for pay or allowance for an individual 
employed by an official of the United States retired from active service. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475) . 

§5503. Recess appointments 

(a) Payment for services may not be made from the Treasury of the 
United States to an individual appointed during a recess of the Senate 
to fill a vacancy in an existing office, if the vacancy existed while the 
Senate was in session and was by law required to be filled by and with 
the advice and consent of the Senate, until the appointee has been con- 
firmed by the Senate. This subsection does not apply — 

(1) if the vacancy arose within 30 days before the end of the 
session of the Senate : 

(2) if, at the end of the session, a nomination for the office, other 
than the nomination of an individual appointed during the pre- 
ceding recess of the Senate, was pending before the Senate for its 
advice and consent ; or 

(3) if a nomination for the office was rejected by the Senate 
within 30 days before the end of the session and an individual 
other than the one whose nomination was rejected thereafter re- 
ceives a recess appointment. 

(b) A nomination to fill a vacancy referred to by paragraph (1), 
(2), or (3) of subsection (a) of this section shall be submitted to the 
Senate not later than 40 days after the beginning of the next session of 
the Senate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.) 

§5504. Biweekly pay periods; computation of pay 

(a) The pay period for an employee covers two administrative 
worksheets. For the purpose of this subsection, "employee" means — 
( 1 ) an employee in or under an Executive agency ; 



Sec. 5505 256 

(2) an employee in or under the Office of the Architect of the 
Capitol, the Botanic Garden, and the Library of Congress, for 
whom a basic administrative workweek is established under sec- 
tion 6101(a) (5) of this title; and 

(3) an individual employed by the government of the District 
of Columbia ; 

but does not include — 

(A) an employee on the Isthmus of Panama in the service of 
the Canal Zone Government or the Panama Canal Company ; or 

(B) an employee or individual excluded from the definition of 
employee in section 5541(2) of this title other than an employee 
or individual excluded by section 5541(2) (xvi) of this section. 

(b) For pay computation purposes affecting an employee, the an- 
nual rate of basic pay established by or under statute is deemed pay- 
ment for employment during 52 basic administrative workweeks of 40 
hours. When it is necessary for computation of pay under this subsec- 
tion to convert an annual rate of basic pay to a basic hourly, daily, 
weekly, or biweekly rate, the following rules govern : 

(1) To derive an hourly rate, divide the annual rate by 2,080. 

(2) To derive a daily rate, multiply the hourly rate by the 
number of daily hours of service required. 

(3) To derive a weekly or biweekly rate, multiply the hourly 
rate by 40 or 80, as the case may be. 

Rates are computed to the nearest cent, counting one-half and over as 
a whole cent. For the purpose of this subsection, "employee" means — 

(A) an employee in or under an Executive agency ; 

(B) an employee in or under the judicial branch ; 

(C) an employee in or under the Office of the Architect of the 
Capitol, the Botanic Garden, and the Library of Congress, for 
whom a basic administrative workweek is established under sec- 
tion 6101(a) (5) of this title; and 

(D) an individual employed by the government of the District 
of Columbia ; 

but does not include an employee or individual excluded from the 
definition of employee in section 5541 (2) of this title. 

(c) The Office of Personnel Management may prescribe regulations, 
subject to the approval of the President, necessary for the administra- 
tion of this section insofar as this section affects employees in or under 
an executive agency. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 175, 
amended Pub. L. 90-83, § 1(21), Sept, 11, 1967, 81 Stat, 199; Pub. L. 
95^54, Oct. 13, 1978, 92 Stat. 1173 and 1224.) 

§5505. Monthly pay periods; computation of pay 

The pay period for an individual in the service of the United States 
whose pay is monthly or annual covers one calendar month, and the 
following rules for division of time and computation of pay for serv- 
ices performed govern: 

( 1 ) A month's pay is one-twel f th of a year's pay. 

(2) A day's pay is one-thirtieth of a month's pay. 

(3) The 31st day of a calendar month is ignored in computing 
pay, except that one day's pay is forfeited for one day's unauthor- 
ized absence on the 31st day of a calendar month. 






257 Sec. 5506 

(4) For each day of the month elapsing before entering the 

service, one day's pay is deducted from the first month's pay of 

the individual. 

This section does not apply to an employee whose pay is computed 

under section 5504(b) of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 

Stat. 476.) 

§ 5506. Computation of extra pay based on standard or daylight 
saving time 

When an employee as defined by section 2105 of this title or an 
individual employed by the government of the District of Columbia 
is entitled to extra pay for services performed between or after certain 
named hours of the day or night, the extra pay is computed on the 
basis of either standard or daylight saving time, depending on the 
time observed by law, custom, or practice where the services are 
performed. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 476.) 

§5507. Officer affidavit; condition to pay 

An officer required by section 3332 of this title to file an affidavit 
may not be paid until the affidavit has been filed. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 477.) 

§5508. Officer entitled to leave; effect on pay status 

An officer in the executive branch and an officer of the government 
of the District of Columbia to whom subchapter I of chapter 63 of 
this title applies are not entitled to the pay of their offices solely 
because of their status as officers. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 477.) 

§5509. Appropriations 

There are authorized to be appropriated sums necessary to carry 
out the provisions of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
477.) 



Sec. 5511 258 



SUBCHAPTER II— WITHHOLDING PAY 

§5511. Withholding pay; employees removed for cause 

(a) Except as provided by subsection (b) of this section, the earned 
pay of an employee removed for cause may not be withheld or 
confiscated. 

(b) If an employee indebted to the United States is removed for 
cause, the pay accruing to the employee shall be applied in whole or in 
part to the satisfaction of any claim or indebtedness due the United 
States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.) 

§5512. Withholding pay; individuals in arrears 

(a) The pay of an individual in arrears to the United States shall 
be withheld until he has accounted for and paid into the Treasury of 
the United States all sums for which he is liable. 

(b) When pay is withheld under subsection (a) of this section, the 
General Accounting Office, on request of the individual, his agent, or 
his attorney, shall report immediately to the Attorney General the 
balance due ; and the Attorney General, within 60 days, shall order suit 
to be commenced against the individual. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 477, amended Pub. L. 92-310, § 202, June 6, 1972, 86 Stat. 202.) 

§5513. Withholding pay; credit disallowed or charge raised for 
payment 

When the General Accounting Office, on a statement of the account 
of a disbursing or certifying official of the United States, disallows 
credit or raises a charge for a payment to an individual in or under an 
Executive agency otherwise entitled to pay, the pay of the payee shall 
be withheld in whole or in part until full reimbursement is made under 
regulations prescribed by the head of the Executive agency from which 
the payee is entitled to receive pay. This section does not repeal or 
modify existing statutes relating to the collection of the indebtedness 
of an accountable, certifying, or disbursing official. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 477.) 

§ 5514. Installment deduction for indebtedness because of errone- 
ous payment 

(a) When the head of the agency concerned or his designee deter- 
mines that an employee, a member of the armed forces, or a Reserve of 
the armed forces, is indebted to the United States because of an erro- 
neous payment made by the agency to or on behalf of the individ- 
ual, the amount of the indebtedness may be collected in monthly 
installments, or at officially established regular pay period intervals, 
by deduction in reasonable amounts from the current pay account of 
the individual. The deductions may be made only from basic pay, 
special pay, incentive pay, retired pay, retainer pay, or, in the case 



259 Sec. 5515 

of an individual not entitled to basic pay, other authorized pay. Col- 
lection shall be made over a period not greater than the anticipated 
period of active duty or employment, as the case may be. The amount 
deducted for any period may not exceed two-thirds of the pay from 
which the deduction is made, unless the deduction of a greater amount 
is necessary to make the collection within the period of anticipated 
active duty or employment. If the individual retires or resigns, or if his 
employment or period of active duty otherwise ends, before collection 
of the amount of the indebtedness is completed, deduction shall be 
made from later payments of any nature due the individual from the 
agency concerned. 

(b) The head of each agency shall prescribe regulations, subject to 
the approval of the Director of the Bureau of the Budget, to carry out 
this section and section 581d of title 31. Regulations prescribed by the 
Secretaries of the military departments shall be uniform for the mili- 
tary services insofar as practicable. 

(c) Subsection (a) of this section does not modify existing statutes 
which provide for forfeiture of pay or allowances. This section and 
section 581d of title 31 do not repeal, modify, or amend section 4837 (d) 
or 9837(d) of title 10 or section 1007 (b), (c) of title 37. (Pub. L. 89- 
554, Sept. 6, 1966, 80 Stat. 477.) 

§5515. Crediting amounts received for jury or witness service 

An amount received by an employee as defined by section 2105 of 
this title (except an individual whose pay is disbursed by the Secre- 
tary of the Senate or the Clerk of the House of Representatives) or an 
individual employed by the government of the District of Columbia 
for service as a juror or witness during a period for which he is entitled 
to leave under section 6322(a) of this title, or is performing official 
duty under section 6322(b) of this title, shall be credited against pay 
payable to him by the United States or the District of Columbia with 
respect to that period. (Pub. L. 89-544, Sept, 6 1966, 80 Stat. 478, 
amended Pub. L. 91-563, § 2(a), Dec. 19, 1970, 84 Stat. 1476.) 

§5516. Withholding District of Columbia income taxes 

(a) The Secretary of the Treasury, under regulations prescribed by 
the President, shall enter into an agreement with the Commissioner of 
the District of Columbia within 120 days of a request for agreement 
from the Commissioner. The agreement shall provide that the head of 
each agency of the United States shall comply with the requirements 
of subchapter II of chapter 15 of title 47, District of Columbia Code, in 
the case of employees of the agency who are subject to income taxes 
imposed by that subchapter and whose regular place of employment is 
within the District of Columbia. The agreement may not apply to pay 
of an employee who is not a resident of the District of Columbia as 
defined in subchapter II of chapter 15 of title 47, District of Columbia 
Code. In the case of pay for service as a member of the armed forces, 
the second sentence of this subsection shall be applied by substituting 
"who are residents of the District of Columbia" for "whose regular 
place of employment is within the District of Columbia." For the pur- 
pose of this subsection, "employee" has the meaning given it by section 
1551c (z) of title 47, District of Columbia Code. 



Sec. 5517 260 

(b) This section does not give the consent of the United States to 
the application of a statute which imposes more burdensome require- 
ments on the United States than on other employers, or which subjects 
the United States or its employees to a penalty or liability because of 
this section. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478, amended 
Pub. L. 90-623, § 1(9), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 94-455, 
§ 1207(a) (2), Oct. 4, 1976, 90 Stat. 1705.) 

§5517. Withholding State income taxes 

(a) When a State statute — 

(1) provides for the collection of a tax either by imposing on 
employers generally the duty of withholding sums from the pay 
of employees and making returns of the sums to the State, or by 
granting to employers generally the authority to withhold sums 
from the pay of employees if any employee voluntarily elects to 
have such sums withheld ; and 

(2) imposes the duty or grants the authority to withhold gen- 
erally with respect to the pay of employees who are residents of 
the State; 

the Secretary of the Treasury, under regulations prescribed by the 
President, shall enter into an agreement with the State within 120 days 
of a request for agreement from the proper State official. The agree- 
ment shall provide that the head of each agency of the United States 
shall comply with the requirements of the State withholding statute 
in the case of employees of the agency who are subject to the tax and 
whose regular place of Federal employment is within the State with 
which the agreement is made. In the case of pay for service as a mem- 
ber of the armed forces, the preceding sentence shall be applied by 
substituting a who are residents of the State with which the agreement 
is made" for "whose regular place of Federal employment is within 
the State with which the agreement is made." 

(b) This section does not give the consent of the United States to 
the application of a statute which imposes more burdensome require- 
ments on the United States than on other employers, or which subjects 
the United States or its employees to a penalty or liability because of 
this section. An agency of the United States may not accept pay from 
a State for services performed in withholding State income taxes f rom 
the pay of the employees of the agency. 

(c) For the purpose of this section, "State" means a State or terri- 
tory or possession of the United States. 

(d) For the purpose of this section and sections 5516 and 5520, the 
terms "serve as a member of the armed forces" and "serve as a mem- 
ber of the Armed Forces" do not include — 

(1) participation in exercises or the performance of duty under 
section 502 of title 32, United States Code, by a member of the 
National Guard; and 

(2) participation in scheduled drills or training periods, or ser- 
vice on active duty for training, under section 270(a) of title 10, 
United States Code, by a member of the Ready Reserve. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478, amended Pub. L. 94-455, 
§ 1207(a) (1), (b), and (c), Oct. 4, 1976, 90 Stat, 1705.) 






261 Sec. 5518 

§5518. Deductions for State retirement systems; National Guard 
employees 

When— 

(1) a State statute provides for the payment of employee con- 
tributions to a State employee retirement system or to a State 
sponsored plan providing retirement, disability, or death benefits, 
by withholding sums from the pay of State employees and making 
returns of the sums withheld to State authorities or to the person 
or organization designated by State authorities to receive sums 
withheld for the program; and 

(2) individuals employed by the Army National Guard and the 
Air National Guard, except employees of the National Guard Bu- 
reau, are eligible for membership in a State employee retirement 
system or other State sponsored plan ; 

the Secretary of Defense, under regulations prescribed by the Presi- 
dent, shall enter into an agreement with the State within 120 days of a 
request for agreement from the proper State official. The agreement 
shall provide that the Department of Defense shall comply with the 
requirements of State statute as to the individuals named by para- 
graph (2) of this section who are eligible for membership in the State 
employee retirement system. The disbursing officials paying these indi- 
viduals shall withhold and pay to the State employee retirement sys- 
tem or to the person or organization designated by State authorities to 
receive sums withheld for the program the employee contributions for 
these individuals. For the purpose of this section, "State" means a 
State or territory or possession of the United States including the 
Commonwealth of Puerto Rico. (Pub. L. 89-554, Sept, 6, 1966, 80 
Stat. 479.) 

§5519. Crediting amounts received for certain Reserve or Na- 
tional Guard service 

An amount (other than a travel, transportation, or per diem allow- 
ance) received by an employee or individual for military service as a 
member of the Reserve or National Guard for a period for which he is 
entitled to leave under section 6323 (c) or (d) of this title shall be 
credited against the pay payable to the employee or individual with 
respect to his civilian position for that period. (Added Pub. L. 90-588, 
§2(b), Oct. 17, 1968, 82 Stat. 1152.) 

§ 5520. Withholding of city or county income or employment taxes 

(a) When a city or county ordinance — 

(1) provides for the collection of a tax by imposing on em- 
ployers generally the duty of withholding sums from the pay of 
employees and making returns of the sums to a designated city or 
county officer, department, or instrumentality ; and 

(2) imposes the duty to withhold generally on the payment of 
compensation earned within the jurisdiction of the city or county 
in the case of employees whose regular place of employment is 
within such jurisdiction; 

the Secretary of the Treasury, under regulations prescribed by the 
President, shall enter into an agreement with the city or county within 
120 days of a request for agreement by the proper city or county 



Sec. 5520 262 

official. The agreement shall provide that the head of each agency 
of the United States shall comply with the requirements of the city 
or county ordinance in the case of any employee of the agency who 
is subject to the tax and (i) whose regular place of Federal em- 
ployment is within the jurisdiction of the city or county with which 
the agreement is made or'(ii) is a resident of such city or county. 
The agreement may not apply to pay for service as a member of the 
Armed Forces. The agreement may not permit withholding of a city 
or county tax from the pay of an employee who is not a resident of, or 
whose regular place of Federal employment is not within, the State in 
which that city or county is located unless the employee consents to the 
withholding. 

(b) This section does not give the consent of the United States 
to the application of an ordinance which imposes more burdensome 
requirements on the United States than on other employers or which 
subjects the United States or its employees to a penalty or liability 
because of this section. An agency of the United States may not ac- 
cept pay from a city or county for services performed in withholding 
city or county income or employment taxes from the pay of employees 
of the agency. 

(c) For the purpose of this section — 

(1) "city" means any unit of general local government which — 

(A) is classified as a municipality by the Bureau of the 
Census, or 

(B) is a town or township which, in the determination of 
the Secretary of the Treasury — 

(i) possesses powers and performs functions compara- 
ble to those associated with municipalities, 
(ii) is closely settled, and 

(iii) contains within its boundaries no incorporated 
places, as defined by the Bureau of the Census, 
within the political boundaries of which 500 or more persons are 
regularly employed by all agencies of the Federal Government; 

(2) "county" means any unit of local general government which 
is classified as a county by the Bureau of the Census and within 
the political boundaries of which 500 or more persons are regu- 
larly employed by all agencies of the Federal Government; 

(3) "ordinance" means an ordinance, order, resolution, or sim- 
ilar instrument which is duly adopted and approved by a city or 
county in accordance with the constitution and statutes of the 
State in which it is located and which has the force of law within 
such city or county ; and 

(4) "agency" means — 

(A) an Executive agency ; 

(B) the judicial branch; and 

(C) the United States Postal Service. 

(Pub. L. 93-340, § 1, July 10, 1974, 88 Stat. 294, amended Pub L. 94- 
358, § 1, July 12, 1976, 90 Stat. 910; Pub. L. 95-30, May 23, 1977, 91 
Stat. 157; Pub. L. 95-365, Sept. 15, 1978, 92 Stat. 599.) 



» 



263 Sec. 5521 



SUBCHAPTER III— ADVANCEMENT ALLOCATION, AND 
ASSIGNMENT OF PAY 

§5521. Definitions 

For the purpose of this subchapter — 

(1) "agency" means — 

(A) an Executive agency ; 

(B) the judicial branch; 

(C) the Library of Congress ; 

(D) the Government Printing Office; and 

( E ) the government of the District of Columbia ; 

(2) "employee" means an individual employed in or under an 
agency; 

(3) "head of each agency" means — 

(A) the director of the Administrative Office of the United 
States Courts with respect to the judicial branch ; and 

(B) the Commissioner of the District of Columbia with 
respect to the government of the District of Columbia ; and 

(4) "United States", when used in a geographical sense, means 
the several States and the District of Columbia. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 479, amended Pub. L. 90-623, 
§1(10), Oct. 22, 1969, 82 Stat. 1312. ) 

§5522. Advance payments; rates; amounts recoverable 

(a) The head of each agency may provide for the advance payment 
of the pay, allowances, and differentials, or any of them, covering 
a period of not more than 30 days, to or for the account of each em- 
ployee of the agency (or, under emergency circumstances and on a 
reimbursable basis, an employee of another agency) whose evacuation 
(or that of his dependents or immediate family, as the case may be) 
from a place inside or outside the United States is ordered for mili- 
tary or other reasons which create imminent danger to the life or lives 
of the employee or of his dependents or immediate family. 

(b) Subject to adjustment of the account of an employee under 
section 5524 of this title and other applicable statute, the advance 
payment of pay, allowances, and differentials is at rates currently 
authorized with respect to the employee on the date the advance pay- 
ment is made under agency procedures governing advance payments 
under this subsection. The rates so authorized may not exceed the 
rates to which the employee was entitled immediately before issuance 
of the evacuation order. 

(c) An advance of funds under subsection (a) of this section is 
recoverable by the Government of the United States or the govern- 
ment of the District of Columbia, as the case may be, from the em- 
ployee or his estate by — 



Sec. 5523 264 

(1) setoff against accrued pay, amount of retirement credit, or 
other amount due to the employee from the Government of the 
United States or the government of the District of Columbia ; and 

(2) such other method as is provided by law. 

The head of the agency concerned may waive in whole or in part a 
right of recovery of an advance of funds under subsection (a) of this 
section, if it is shown that the recovery would be against equity and 
good conscience or against the public interest. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 480.) 

§5523. Duration of payments; rates; active service period 

(a) The head of each agency may provide for — 

(1) the payment of monetary amounts covering a period of not 
more than 60 days to or for the account of each employee of the 
agency (or, under emergency circumstances and on a reimbursable 
basis, an employee of another agency) — 

(A) whose evacuation from a place inside or outside the 
United States is ordered for military or other reasons which 
create imminent danger to the life of the employee ; and 

(B) who is prevented, by circumstances beyond his control 
and beyond the control of the Government of the United 
States or the government of the District of Columbia, or both, 
as the case may be, from performing the duties of the position 
which he held immediately before issuance of the evacuation 
order ; and 

(2) the termination of payment of the monetary amounts. 
The President, with respect to the Executive agencies, may extend the 
60-day period for not more than 120 additional days if he determines 
that the extension of the period is in the interest of the United States. 

(b) Subject to adjustment of the account of an employee under sec- 
tion 5524 of this title and other applicable statute, each payment under 
this section is at rates of pay, allowances, and differentials, or any of 
them, currently authorized with respect to the employee on the date 
payment is made under agency procedures governing payments under 
this section. The rates so authorized may not exceed the rates to which 
the employee was entitled immediately before issuance of the evacua- 
tion order. An employee in an Executive agency may be granted such 
additional allowance payments as the President determines necessary 
to offset the direct added expenses incident to the evacuation. 

(c) Each period for which payment of amounts is made under this 
section to or for the account of an employee is deemed, for all purposes 
with respect to the employee, a period of active service, without break 
in service, performed by the employee in the employment of the Gov- 
ernment of the United States or the government of the District of 
Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 480.) 

§5524. Review of accounts 

The head of each agency shall provide for — 

(1) the review of the account of each employee of the agency 
in receipt of payments under section 5522 or 5523 of this title, or 
both, as the case may be ; and 

(2) the adjustment of the amounts of the payments on the basis 
of— 



r 



! 



265 Sec. 5525 

(A) the rates of pay, allowances, and differentials to which 
the employee would have been entitled under applicable 
statute other than this subchapter for the respective periods 
covered by the payments, if he had performed active service 
under the terms of his appointment during each period in the 
position he held immediately before the issuance of the 
applicable evacuation order ; and 

(B) such additional amounts as the employee is authorized 
to receive in accordance with a determination of the President 
under section 5523 (b) of this title. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481.) 

§5525. Allotment and assignment of pay 

The head of each agency may establish procedures under which each 
employee of the agency is permitted to make allotments and assign- 
ments of amounts out of his pay for such purpose as the head of the 
agency considers appropriate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 

481.) 

§5526. Funds available on reimbursable basis 

Funds available to an agency for payment of pay, allowances, and 
differentials to or for the accounts of employees of the agency are 
available on a reimbursable basis for payment of pay, allowances, and 
differentials to or for the accounts of employees of another agency 
under this subchapter. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481.) 

§5527. Regulations 

(a) To the extent practicable in the public interest, the President 
shall coordinate the policies and procedures of the respective Executive 
agencies under this subchapter. 

(b) The President, with respect to the Executive agencies, the head 
of the agency concerned, with respect to the appropriate agency out- 
side the executive branch, and the District of Columbia Council, with 
respect to the government of the District of Columbia, shall prescribe 
and issue, or provide for the formulation and issuance of, regulations 
necessary and appropriate to carry out the provisions, accomplish the 
purposes, and govern the administration of this subchapter. 

(c) The head of each Executive agency may prescribe and issue 
regulations, not inconsistent with the regulations of the President 
issued under subsection (b) of this section, necessary and appropriate 
to carry out his functions under this subchapter. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 481, amended Pub. L. 90-623, § 1(11), Oct. 22, 
1968, 82 Stat. 1312.) 



Sec. 5531 266 



SUBCHAPTER IV— DUAL PAY AND DUAL EMPLOYMENT 

§5531. Definitions 

For the purpose of sections 5532 and 5533 of this title — 

(1) "member" has the meaning given such term by section 101 
(23) of title 37; 

(2) "position" means a civilian office or position (including a 
temporary, part-time, or intermittent position), appointive or 
elective, in the legislative, executive, or judicial branch of the 
Government of the United States (including a Government cor- 
poration and a non-appropriated fund instrumentality under the 
jurisdiction of the armed forces) or in the government of the 
District of Columbia ; and 

(3) "retired or retainer pay" means retired pay, as defined in 
section 8311(3) of this title, determined without regard to sub- 
paragraphs (B) through (D) of such section 8311(3); except 
that such term does not include an annuity payable to an eligible 
beneficiary of a member or former member of a uniformed service 
under chapter 73 of title 10. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482 amended, Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1150.) 

§5532. Employment of retired members of the uniformed serv- 
ices; reduction in retired or retainer pay 

(a) For the purpose of this section, "period for which he receives 
pay" means the full calendar period for which a retired officer of a 
regular component of a uniformed service receives the pay of a posi- 
tion when employed on a full-time basis, but only the days for which 
he actually receives that pay when employed on a part-time or inter- 
mittent basis. 

(b) A retired officer of a regular component of a uniformed serv- 
ice who holds a position is entitled to receive the full pay of the posi- 
tion, but during the period for which he receives pay, his retired or 
retainer pay shall be reduced to an annual rate equal to the first 
$2,000 of the retired or retainer pay plus one-half of the remainder, 
if any. In the operation of the formula for the reduction of retired 
or retainer pay under this subsection, the amount of $2,000 shall be 
increased, from time to time, by appropriate percentage, in direct 
proportion to each increase in retired or retainer pay under section 
1401a (b) of title 10 to reflect changes in the Consumer Price Index. 

(c) (1) If any member or former member of a uniformed service 
is receiving retired or retainer pay and is employed in a position the 
annual rate of basic pay for which, when combined with the member's 
annual rate of retired or retainer pay (reduced as provided under sub- 
section (b) of this section), exceeds the rate of basic pay then cur- 



( 



267 Sec. 5532 

rently paid for level V of the Executive Schedule, such member's 
retired or retainer pay shall be reduced by an amount computed under 
paragraph (2) of this subsection. The amounts of the reductions shall 
be deposited to the general fund of the Treasury of the United States. 
(2) The amount of each reduction under paragraph (1) of this 
subsection allocable for any pay period in connection with employment 
in a position shall be equal to the retired or retainer pay allocable to 
the pay period (reduced as provided under subsection (b) of this 
section), except that the amount of the .eduction may not result in — 

(A) the amount of retired or retainer pay allocable to the pay 
period after being reduced, when combined with the basic pay 
for the employment during the pay period, being at a rate less 
than the rate of basic pay then currently paid for level V of the 
Executive Schedule; or 

(B) the amount of retired pay or retainer pay being reduced 
to an amount less than the amount deducted from the retired or 
retainer pay as a result of participation in any survivor's benefits 
in connection with the retired or retainer pay or veterans insur- 
ance programs. 

(d) The reduction in retired or retainer pay required by this sec- 
tion does not apply to a member or former member of a uniformed 
service who is receiving retired or retainer pay — 

(1) whose retired or retainer pay is computed, in whole or in 
part, based on disability — 

(A) resulting from injury or disease received in line of 
duty as a direct result of armed conflict ; or 

(B) caused by an instrumentality of war and incurred in 
line of duty during a period of war as defined by sections 101 
and 301 of title 38; or 

(2) employed on a temporary (full-time or part-time) basis, 
any other part-time basis, or an intermittent basis, for the first 
30-day period for which he receives pay. 

The exemption from reduction in retired or retainer pay under para- 
graph (2) of this subsection does not apply longer than — 

(i) the first 30-day period for which he receives pay under one 
appointment from the position in which he is employed, if he is 
serving under not more than one appointment ; and 

(ii) the first period for which he receives pay under more than 
one appointment, in a fiscal year, which consists in the aggregate 
of 30 days, from all positions in which he is employed, if he is 
serving under more than one appointment in that fiscal year. 

(e) The Oihce of Personnel Management may, during the 5-year 
period after the effective date of the Civil Service Keform Act of 1978 
authorize exceptions to the restrictions in subsections (a), (b), and 
(c) of this section only when necessary to meet special or emergency 
employment needs which result from a severe shortage of well quali- 
fied candidates in positions of medical officers which otherwise cannot 
be readily met. An exception granted by the office with respect to any 
individual shall terminate upon a break in service of 3 days or more. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482; amended, Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1150.) 



Sec. 5533 268 

§5533. Dual pay from more than one position; limitations; ex- 
ceptions 

(a) Except as provided by subsections (b), (c), and (d) of this 
section, an individual is not entitled to receive basic pay from more 
than one position for more than an aggregate of 40 hours of work in 
one calendar week (Sunday through Saturday) . 

(b) Except as otherwise provided by subsection (c) of this section 
the Office of Personnel Management, subject to the supervision and 
control of the President, may prescribe regulations under which ex- 
ceptions may be made to the restrictions in subsection (a) of this sec- 
tion when appropriate authority determines that the exceptions are 
warranted because personal services otherwise cannot be readily 
obtained. 

(c) (1) Unless otherwise authorized by law and except as otherwise 
provided by paragraph (2) or (4) of this subsection, appropriated 
funds are not available for payment to an individual of pay from 
more than one position if the pay of one of the positions is paid by 
the Secretary of the Senate or the Clerk of the House of Representa- 
tives, or one of the positions is under the Office of the Architect of 
the Capitol, and if the aggregate gross pay from the positions exceeds 
$7,724 a year ($10,540, in the case of pay disbursed by the Secretary 
of the Senate). 

(2) Notwithstanding paragraph (1) of this subsection, appropri- 
ated funds are not available lor payment to an individual of pay from 
more than one position, for each of which the pay is disbursed by the 
Clerk of the House of Representatives, if the aggregate gross pay 
from those positions exceeds the maximum per annum gross rate of 
pay authorized to be paid to an employee out of the clerk hire allow- 
ance of a Member of the House. 

(3) For the purposes of this subsection, u gross pay" means the 
annual rate of pay (or equivalent thereof in the case of an individual 
paid on other than an annual basis) received by an individual. 

(4) Paragraph (1) of this subsection does not apply to pay on I 
when-actually-employed basis received from more than one consultant 
or expert position if the pay is not received for the same day. 

(d) Subsection (a) of this section does not apply to — 

(1) pay on a when-actually-employed basis received from more 
than one consultant or expert position if the pay is not received 
for the same hours of the same day ; 

(2) pay consisting of fees paid on other than a time basis; 

(3) pay received by a teacher of the public schools of the Dis- 
trict of Columbia for employment in a position during the sum- 
mer vacation period ; 

(4) pay paid by the Tennessee Valley Authority to an employee 
performing part-time or intermittent work in addition to his nor- 
mal duties when the Authority considers it to be in the interest of 
efficiency and economy; 

(5) pay received by an individual holding a position — 

(A) the pay of which is paid by the Secretary of the Senate 
or the Clerk of the House of Representatives ; or 

( B ) under the Architect of the Capitol ; 



269 Sec. 5534 

(6) pay paid by the United States Coast Guard to an employee 
occupying a part-time position of lamplighter ; and 

(7) pay within the purview of any of the following statutes: 

(A) section 162 of title 2; 

(B) section 23(b) of title 13; 

(C) section 327 of title 15 ; 

(D) section 907 of title 20; 

(E) section 873 of title 33 ; 

(F) section 631 or 631a of title 31, District of Columbia 
Code; or 

(G) section 102 of title 2, Canal Zone Code. 

(e) (1) This section does not apply to an individual employed under 
sections 174J-1 to 174J-7 or 174k of title 40. 

(2) Subsection (c) of this section does not apply to pay received by 
a teacher of the public schools of the District of Columbia for employ- 
ment in a position during the summer vacation period. (Pub. L. 89- 
554, Sept. 6, 1966, 80 Stat. 483, amended Pub. L. 90-57, § 105(h), Sept. 
11, 1967, 81 Stat. 143; Pub. L. 90-206, § 214 (o), Dec. 16, 1967, 81 Stat. 
637; Pub. L. 91-510, § 477(d), Oct, 26, 1970, 84 Stat. 1195; Pub. L. 93- 
140, § 23, Oct. 26, 1973, 87 Stat. 508 ; Pub. L. 93-145, § 101, Nov. 1, 1973, 
87 Stat. 532; Pub. L. 94-183, §2(21), Dec. 31, 1975, 89 Stat. 1058; 
amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§5534. Dual employment and pay of Reserves and National 
Guardsmen 

A Reserve of the armed forces or member of the National Guard 
may accept a civilian office or position under the Government of the 
United States or the government of the District of Columbia, and he 
is entitled to receive the pay of that office or position in addition to pay 
and allowances as a Reserve or member of the National Guard. (Pub. 
L. 89-554, Sept, 6, 1966, 80 Stat. 484.) 

§ 5534a. Dual employment and pay during terminal leave from 
uniformed services 

A member of a uniformed service who has performed active service 
and who is on terminal leave pending separation from, or release from 
active duty in, that service under honorable conditions may accept a 
civilian office or position in the Government of the United States, its 
territories or possessions, or the government of the District of Colum- 
bia, and he is entitled to receive the pay of that office or position in 
addition to pav and allowances from the uniformed service for the 
unexpired portion of the terminal leave. (Added Pub. L. 90-83, § 1 
(22) , Sept. 11, 1967, 81 Stat. 199.) 

§5535. Extra pay for details prohibited 

(a) An officer may not receive pay in addition to the pay for his 
regular office for performing the duties of a vacant office as authorized 
by sections 3345-3347 of this title. 

( b ) An employee may not receive — 

( 1 ) additional pay or allowances for performing the duties of 
another employee ; or 

(2) pay in addition to the regular pay received for employment 
held before his appointment or designation as acting for or in- 
stead of an occupant of another position or employment. 

35-550 O - 79 - 19 



Sec. 5536 270 

This subsection does not prevent a regular and permanent appointment 
by promotion from a lower to a higher grade of employment. (Pub. 
L. 89-554, Sept. 6, 1966, 80 Stat. 484.) 

§5536. Extra pay for extra services prohibited 

An employee or a member of a uniformed service whose pay or al- 
lowance is fixed by statute or regulation may not receive additional 
pay or allowance for the disbursement of public money or for any 
other service or duty, unless specifically authorized by law and the 
appropriation therefor specifically states that it is for the additional 
pay or allowance. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.) 

§5537. Fees for jury and witness service 

(a) An employee as defined by section 2105 of this title (except 
an individual whose pay is disbursed by the Secretary of the Senate 
or the Clerk of the House of Representatives) or an individual em- 
ployed by the government of the District of Columbia may not re- 
ceive fees for service — 

(1) as a juror in a court of the United States or the District 
of Columbia; or 

(2) as a witness on behalf of the United States or the District 
of Columbia. 

(b) An official of a court of the United States or the District of 
Columbia may not receive witness fees for attendance before a court, 
commissioner, or magistrate where he is officiating. 

(c) For the purpose of this section, "court of the United States'* 
has the meaning given it by section 451 of title 28 and includes the 
United States District Court for the District of the Canal Zone, the 
District Court of Guam, and the District Court of the Virgin Islands. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484, amended Pub. L. 90-623, 
§ 1(12), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 91-563, § 3(a), Dec. 19, 
1970, 84 Stat. 1477.) 



271 Sec. 5541 



SUBCHAPTER V— PREMIUM PAY 

§5541. Definitions 

For the purpose of this subchapter — 

(1) "agency" means — 

(A) an Executive agency ; 

(B) a military department; 

(C) an agency in the judicial branch ; 

(D) the Library of Congress; 

(E) the Botanic Garden; 

(F) the Office of the Architect of the Capitol; and 

(G) the government of the District of Columbia; and 

(2) "employee" means — 

(A) an employee in or under an Executive agency ; 

(B) an individual employed by the government of the 
District of Columbia ; and 

(C) an employee in or under the judicial branch, the Li- 
brary of Congress, the Botanic Garden, and the Office of the 
Architect of the Capitol, who occupies a position subject to 
chapter 51 and subchapter III of chapter 53 of this title; 

but does not include — 

(i) a justice or judge of the United States ; 

(ii) the head of an agency other than the government of 
the District of Columbia ; 

(iii) a teacher, school official, or employee of the Board of 
Education of the District of Columbia, whose pay is fixed 
under chapter 15 of title 31, District of Columbia Code; 

(iv) a member of the Metropolitan Police, the Fire De- 
partment of the District of Columbia, the United States Park 
Police, or the Executive Protection Service; 

(v) a student-employee as defined by section 5351 of this 
title ; 

(vi) Repealed. Pub. L. 91-375, § 6(c) (16), Aug. 12, 1970, 
84 Stat. 776; 

(vii) an employee outside the continental United States or 
in Alaska who is paid in accordance with local native pre- 
vailing wage rates for the area in which employed; 

(viii) an employee of the Tennessee Valley Authority; 

(ix) an individual to whom section 1291(a) of title 50, 
appendix, applies; 

(x) an employee of a Federal land bank, a Federal inter- 
mediate credit bank, on a bank for cooperatives ; 

(xi) an employee whose pay is fixed and adjusted from 
time to time in accordance with prevailing rates under sub- 
chapter IV of chapter 53 of this title, or by a wage board or 
similar administrative authority serving the same purpose, 
except as provided by section 5544 of this title; 



Sec. 5542 272 

(xii) an employee of the Transportation Corps of the 
Army on a vessel operated by the United States, a vessel em- 
ployee of the Environmental Science Services Administra- 
tion, a vessel employee of the Department of the Interior, or 
a vessel employee of the Panama Canal Company; 

(xiii) a "teacher" or an individual holding a "teaching 
position" as defined by section 901 of title 20; 

(xiv) a "Foreign Service officer" within the meaning of 
section 401 of the Foreign Service Act of 1946 ; 

(xv) a "Foreign Service information officer" as provided 
for by the first section of the Act entitled "An Act to promote 
the foreign policy of the United States by strengthening and 
improving the Foreign Service personnel system of the Inter- 
national Communication Agency through establishment of a 
Foreign Service Information Officer Corps", approved 
August 20, 1968; or 

(xvi) member of the Senior Executive Service. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 485, amended Pub. L. 90-83 
§ 1(4), Sept. 11, 1967, 81 Stat. 196, Pub. L. 91-375, § 6(c) (16), Aug 
12, 1970, 84 Stat. 776; Pub. L. 92-392, § 4, Aug. 19, 1972, 86 Stat. 573 
Pub. L. 94-183, § 2(22), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95-105 
Aug. 15, 1977, 91 Stat. 855 ; Pub. L. 95-426, Oct. 7, 1978, 92 Stat. 974 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1173.) 

§ 5542. Overtime rates ; computation 

(a) For full-time, part-time and intermittent tours of duty, hours 
of work officially ordered or approved in excess of 40 hours in an ad- 
ministrative workweek, or (with the exception of an employee en- 
gaged in professional or technical engineering or scientific activities 
for whom the first 40 hours of duty in an administrative workweek is 
the basic workweek and an employee whose basic pay exceeds the mini- 
mum rate for GS-10 for whom the first 40 hours of duty in an admin- 
istrative workweek is the basic workweek) in excess of 8 hours in a 
day, performed by an employee are overtime work and shall be paid 
for, except as otherwise provided by this subchapter, at the following 
rates : 

(1) For an employee whose basic pay is at a rate which does 
not exceed the minimum rate of basic pay for GS-10, the over- 
time hourly rate of pay is an amount equal to one and one-half 
times the hourly rate of basic pay of the employee, and all that 
amount is premium pay. 

(2) For an employee whose basic pay is at a rate which ex- 
ceeds the minimum rate of basic pay for GS-10, the overtime 
hourly rate of pay is an amount equal to one and one-half times 
the hourly rate of the minimum rate of basic pay for GS-10, and 
all that amount is premium pay. 

(3) Notwithstanding paragraphs (1) and (2) of this subsec- 
tion for an employee of the Department of Transportation who 
occupies a nonmanagerial position in GS-14 or under and, as 
determined by the Secretary of Transportation, 

(A) the duties of which are critical to the immediate daily 
operation of the air traffic control system, directly affect 
aviation safety, and involve physical or mental strain or 
hardship ; 



273 Sec. 5543 

(B) in which overtime work is therefore unusually taxing; 
and 

(C) in which operating requirements cannot be met with- 
out substantial overtime work ; 

the overtime hourly rate of pay is an amount equal to one and one-half 
times the hourly rate of basic pay of the employee, and all that 
amount is premium pay. 

(b) For the purpose of this subchapter — 

(1) unscheduled overtime work performed by an employee on 
a day when work was not scheduled for him, or for which he is 
required to return to his place of employment, is deemed at least 
2 hours in duration ; and 

(2) time spent in a travel status away from the official duty 
station of an employee is not hours of employment unless — 

(A) the time spent is within the days and hours of the 
regularly scheduled administrative workweek of the em- 
ployee, including regularly scheduled overtime hours; or 

(B) the travel (i) involves the performance of work while 
traveling, (ii) is incident to travel that involves the perform- 
ance of work while traveling, (iii) is carried out under ar- 
duous conditions, or (iv) results from an event which could 
not be scheduled or controlled administrativelv. 

(Pub. L. 89-544, Sept. 6, 1966, 80 Stat. 485, amended Pub. L. 90-83, 
§ 1(24), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, § 222(a), Dec. 
16, 1967, 81 Stat. 641; Pub. L. 90-556, § 1, Oct. 10, 1968, 82 Stat. 969; 
Pub. L. 92-194, § 1, Dec. 15, 1971, 85 Stat 648.) 

§ 5543. Compensatory time off 

(a) The head of an agency may — 

(1) on request of an employee, grant the employee compensa- 
tory time off from his scheduled tour of duty instead of payment 
for an equal amount of time spent in irregular or occasional over- 
time work ; and 

(2) provide that an employee whose rate of basic pay is in 
excess of the maximum rate of basic pay for GS-10 shall be 
granted compensatory time off from his scheduled tour of duty 
equal to the amount of time spent in irregular or occasional over- 
time work instead of being paid for that work under section 5542 
of this title. 

(b) The Architect of the Capitol may grant an employee paid on 
an annual basis compensatorv time off from duty instead of overtime 
pay for overtime work. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 486, 
amended Pub. L. 90-83, § 1(25), Sept. 11, 1967, 81 Stat. 200.) 

§ 5544. Wage-board overtime and Sunday rates; computation 

(a) An employee whose pay is fixed and adjusted from time to time 
in accordance with prevailing rates under section 5343 or 5349 of this 
title, or by a wage board or similar administrative authority serving 
the same purpose, is entitled to overtime pay for overtime work in ex- 
cess of 8 hours a day or 40 hours a week. However, an employee sub- 
ject to this subsection who regularly is required to remain at or within 
the confines of his post of duty in excess of 8 hours a day in a standby 
or on-call status is entitled to overtime pay only for hours of duty, 



Sec. 5545 274 

exclusive of eating and sleeping time, in excess of 40 a week. The over- 
time hourly rate ot pay is computed as follows : 

(1) If the basic rate of pay of the employee is fixed on a basis 
other than an annua] or monthly basis, multiply the basic hourly 
rate of pay by not less than one and one-half. 

(2) If the basic of pay of the employee is fixed on an annual 
basis, divide the basic annual rate of pay by 2,080, and multiply 
the quotient by one and one-half. 

(3) If the basic rate of pay of the employee is fixed on a 
monthly basis, multiply the basic monthly rate of pay by 12 to 
derive a basic annual rate of pay, divide the basic annual rate of 
pay by 2,080, and multiply the quotient by one and one-half. 

An employee subject to this subsection whose regular work schedule 
includes an 8-hour period of service a part of which is on Sunday is 
entitled to an additional pay at the rate of 25 percent of his hourly 
rate of basic pay for each hour of work performed during that 8 -hour 
period of service. Time spent in a travel status away from the official 
duty station of an employee subject to this subsection is not hours of 
work unless the travel (i) involves the performance of work while 
traveling, (ii) is incident to travel that involves the performance of 
work while traveling, (iii) is carried out under arduous conditions, or 
(iv) results from an event which could not be scheduled or controlled 
administratively. 

(b) An employee under the Office of the Architect of the Capitol 
who is paid on a daily or hourly basis and who is not subject to chap- 
ter 51 and subchapter III of chapter 53 of this title is entitled to 
overtime pay for overtime work in accordance with subsection (a) 
of this section. The overtime hourly rate of pay is computed in 
accordance with subsection (a) (1) of this section. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 486, amended Pub. L. 90-83, § 1(26) (A), Sept. 
11, 1967, 81 Stat. 200; Pub. L. 90-206, § 222(d), Dec. 16, 1967, 81 Stat. 
641 ; Pub. L. 92-392, § 5, Aug. 19, 1972, 86 Stat. 573.) 

§ 5545. Night, standby, irregular, and hazardous duty differential 

(a) Except as provided by subsection (b) of this section, nightwork 
is regularly scheduled work between the hours of 6 :00 p.m. and 6 :00 
a.m., and includes — 

(1) periods of absence with pay during these hours due to holi- 
days; and 

(2) periods of leave with pay during these hours if the periods 
of leave with pay during a pay period total less than 8 hours. 

Except as otherwise provided by subsection (c) of this section, an 
employee is entitled to pay for nightwork at his rate of basic pay plus 
premium pay amounting to 10 percent of that basic rate. This subsec- 
tion and subsection (b) of this section do not modify section 180 of 
title 31, or other statute authorizing additional pay for nightwork. 

(b) The head of an agency may designate a time after 6 :00 p.m. and 
a time before 6 :00 a.m. as the beginning and end, respectively, of night- 
work for the purpose of subsection (a) of this section, at a post outside 
the United States where the customary hours of business extend into 
the hours of nightwork provided by subsection (a) of this section. 

(c) The head of an agency, with the approval of the Office of Per- 
sonnel Management, may provide that — 



275 Sec. 5545 

(1) an employee in a position requiring him regularly to re- 
main at, or within the confines of, his station during longer than 
ordinary periods of duty, a substantial part of which consists of 
remaining in a standby status rather than performing work, shall 
receive premium pay for this duty on an annual basis instead of 
premium pay provided by other provisions of this subchapter, 
except for irregular, unscheduled overtime duty in excess of his 
regularly scheduled weekly tour. Premium pay under this para- 
graph is determined as an appropriate percentage, not in excess of 
25 percent, of such part of the rate of basic pay for the position 
as does not exceed the minimum rate of basic pay for GS-10 (or, 
for a position described in section 5542(a) (3) of this title, of the 
basic pay of the position) , by taking into consideration the num- 
ber of hours of actual work required in the position, the number 
of hours required in a standby status at or within the confines of 
the station, the extent to which the duties of the position are made 
more onerous by night, Sunday, or holiday work, or by being 
extended over periods of more than 40 hours a week, and other 
relevant factors ; or 

(2) an employee in a position in which the hours of duty can- 
not to be controlled administratively, and which requires substan- 
tial amounts of irregular, unscheduled, overtime duty with the 
employee generally being responsible for recognizing, without 
supervision, circumstances which require him to remain on duty, 
shall receive premium pay for this duty on an annual basis instead 
of premium pay provided by other provisions of this sub- 
chapter, except for regularly scheduled overtime, night, and Sun- 
day duty, and for holiday duty. Premium pay under this para- 
graph is determined as an appropriate percentage, not less than 
10 per centum nor more than 25 per centum, of such part of the 
rate of basic pay for the position as does not exceed the minimum 
rate of basic pay for GS-10, by taking into consideration the 
frequency and duration of irregular unscheduled overtime duty 
required in the position. 

(d) The Office shall establish a schedule or schedules of pay differen- 
tials for irregular or intermittent duty involving unusual physical 
hardship or hazard. Under such regulations as the Office may prescribe, 
and for such minimum periods as it determines appropriate, an em- 
ployee to whom chapter 51 and subchapter III of chapter 53 of this title 
applies is entitled to be paid the appropriate differential for any 
period in which he is subjected to physical hardship or hazard not 
usually involved in carrying out the duties of his position. However, 
the pay differential — 

(1) does not apply to an employee in a position the classification 
of which takes into account the degree of physical hardship or 
hazard involved in the performance of the duties thereof; and 

(2) may not exceed an amount equal to 25 percent of the rate 
of basic pay applicable to the employee. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 487, amended Pub. L. 90-83, 
§ 1 (27), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, § 217, Dec. 16, 
1967, 81 Stat, 638 ; Pub. L. 90-556, § 2, Oct. 10, 1968, 82 Stat. 969 ; Pub. 
L. 91-231, §8, Apr. 15, 1970, 84 Stat. 198; Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1224.) 






Sec. 5546 276 

§ 5546. Pay for Sunday and holiday work 

(a) An employee who performs work during a regularly scheduled 
8-hour period of service which is not overtime work as defined by 
section 5542(a) of this title a part of which is performed on Sunday 
is entitled to pay for the entire period of service at the rate of his basic 
pay, plus premium pay at a rate equal to 25 percent of his rate of basic 
pay. 

(b) An employee who performs work on a holiday designated by 
Federal statute, Executive order, or with respect to an employee of the 
government of the District of Columbia, by order of the District of 
Columbia Council, is entitled to pay at the rate of his basic pay, plus 
premium pay at a rate equal to the rate of his basic pay, for that 
holiday work which is not — 

( 1 ) in excess of 8 hours ; or 

(2) overtime work is defined by section 5542(a) of this title. 

(c) An employee who is required to perform any work on a desig- 
nated holiday is entitled to pay for at least 2 hours of holiday work. 

(d) An employee who performs overtime work as defined by section 
5542(a) of this title on a Sunday or a designated holiday is entitled to 
pay for that overtime work in accordance with section 5542(a) of this 
title. 

(e) Premium pay under this section is in addition to premium pay 
which may be due for the same work under section 5545 (a) and (b) of 
this title, providing premium pay for nightwork. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 488, amended Pub. L. 90-83, § 1(29) Sept. 11, 
1967, 81 Stat. 201; Pub. L. 90-623, §1(13), Oct. 22, 1968, 82 Stat. 
1312.) 

§ '5547. Limitation on premium pay 

An employee may be paid premium pay under section 5542, 5545 
(a)-(c), and 4456 (a), (b) of this title only to the extent that the 
payment does not cause his aggregate rate of pay for any pay period 
to exceed the maximum rate for GS-15. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 488, amended Pub. L. 90-83, § 1(31), Sept. 11, 1967, 81 Stat. 
201.) 

§5548. Regulations 

(a) The Office of Personnel Management may prescribe regulations, 
subject to the approval of the President, necessary for the administra- 
tion of this subchapter, except section 5545(d), insofar as this sub- 
chapter affects employees in or under an Executive agency. 

(b) The Office shall prescribe regulations necessary for the adminis- 
tration of sections 5545(d) and 5550 of this title. (Pub. L. 89-544, 
Sept. 6, 1966, 80 Stat. 488, amended Pub. L. 90-83, § 1(29), Sept. 11, 
1967, 81 Stat. 201 ; Pub. L. 92-392, § 12, Aug. 19, 1972, 86 Stat. 575; 
Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§ 5549. Effect on other statutes 

This subchapter does not prevent payment for overtime services or 
for Sunday or holiday work under any of the following statutes — 

(1) section 394 of title 7; 

(2) sections 1353a and 1353b of title 8 ; 

(3) sections 261 267, 1450, 1451, 1451a and 1452 of title 19; 



277 Sec. 5550 

(4) section 382b of title 46 ; and 

(5) section 154(f) (3) of title 47. 

However, an employee may not receive premium pay under this sub- 
chapter for the same services for which he is paid under one of these 
statutes. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488.) 

§5550. Pay for Sunday and overtime work; employees of non- 
appropriated fund instrumentalities 

A "prevailing rate employee" described in paragraph (B) of sec- 
tion 5342 (a) (2) of this title — 

(1) if his regular work schedule includes an 8-hour period 
of service, a part of which is on Sunday, is entitled to additional 
pay at the rate of 25 percent of his hourly rate of basic pay for 
each hour of work performed during that 8-hour period of 
service ; 

(2) is entitled to overtime pay for overtime work in excess of 8 
hours a day or 40 hours a week, computed in accordance with 
paragraph (1), (2), or (3), as applicable, of section 5544(a) of 
this title. 

However, any such employee who regularly is required to remain at 
or within the confines of his post of duty in excess of 8 hours a day 
in a standby or on-call status is entitled to overtime pay only for hours 
of dutv, exclusive of eating and sleeping time, in excess of 40 a week. 
(Added Pub. L. 92-392, § 10, Aug. 19, 1972, 86 Stat. 574.) 

§ 5550a. Compensatory time off for religious observances 

(a) Not later than 30 days after the date of the enactment of this 
section, the Civil Service Commission * shall prescribe regulations pro- 
viding for work schedules under which an employee whose personal 
religious beliefs require the abstention from work during certain 
periods of time, may elect to engage in overtime work for time lost 
for meeting those religious requirements. Any employee who so elects 
such overtime work shall be granted equal compensatory time off from 
his scheduled tour of duty (in lieu of overtime pay) for such religious 
reasons, notwithstanding any other provision of law. 

(b) In the case of any agency described in subparagraphs (C) 
through (G) of section 5541(1) of this title, the head of such agency 
(in lieu of the Commission 2 ) shall prescribe the regulations referred 
to in subsection (a) of this section. 

(c) Regulations under this section may provide for such exceptions 
as may be necessary to efficiently carry out the mission of the agency or 
agencies involved. (Pub. L. 95-390, § 401(a), Sept, 29, 1978, 92 Stat. 
762.) 



1 Should be "Office of Personnel Management". 

2 Should be "Office". 



Sec. 5551 278 



SUBCHAPTER VI— PAYMENT FOR ACCUMULATED AND 

ACCRUED LEAVE 

§5551. Lump-sum payment for accumulated and accrued leave 
on separation 

(a) An employee as defined by section 2105 of this title or an indi- 
vidual employed by the government of the District of Columbia, who 
is separated from the service or elects to receive a lump-sum pay- 
ment for leave under section 5552 of this title, is entitled to receive 
a lump-sum payment for accumulated and current accrued annual 
or vacation leave to which he is entitled by statute. The lump-sum 
payment shall equal the pay the employee or individual would have 
received had he remained in the service until expiration of the period 
of the annual or vacation leave. 

(b) The accumulated and current accrued annual leave to which 
an officer excepted from subchapter I of chapter 63 of this title by 
section 6301(2) (x)-(xiii) of this title, is entitled immediately before 
the date he is excepted under that section shall be liquidated by a 
lump-sum payment in accordance with subsection (a) of this section 
or subchapter VIII of this chapter, except that the payment is based 
on the rate of pay which he was receiving immediately before the date 
on which section 6301(2) (x)-(xii) of this title became applicable to 
him. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488, amended Pub. L. 
93-181, § 1, Dec. 14, 1973, 87 Stat. 705; Pub. L. 95-519, Oct. 25, 1978, 
92 Stat. 1819.) 

§5552. Lump-sum payment for accumulated and accrued leave 
on entering active duty ; election 

An employee as defined by section 2105 of this title or an individual 
employed by a territory or possession of the United States or the 
government of the District of Columbia who enters on active duty in 
the armed forces is entitled to — 

(1) receive, in addition to his pay and allowances from the 
armed forces, a lump-sum payment for accumulated and current 
accrued annual or vacation leave in accordance with section 5551 
of this title; or 

(2) elect to have the leave remain to his credit until his return 
from active duty. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 489.) 






279 Sec. 5561 



SUBCHAPTER VII— PAYMENTS TO MISSING 
EMPLOYEES 
§5561. Definitions 

For the purpose of this subchapter — 

(1) "agency" means an Executive agency and a military 
department ; 

(2) "employee" means an employee in or under an agency who 
is a citizen or national of the United States or an alien admitted 
to the United States for permanent residence, but does not include 
a part-time or intermittent employee or native labor casually 
hired on an hourly or daily basis. However, such an employee 
who enters a status listed in paragraph (5) (A) -(E) of this 
section — 

(A) inside the continental United States ; or 

(B) who is a resident at or in the vicinity of his place of 
employment in a territory or possession of the United States 
or in a foreign country and who was not living there solely 
as a result of his employment ; 

is an employee for the purpose of this subchapter only on a de- 
termination by the head of the agency concerned that this status 
is the proximate result of employment by the agency; 

(3) "dependent" means — 

(A) a wife; 

(B) an unmarried child (including an unmarried depend- 
ent stepchild or adopted child) under 21 years of age; 

(C) a dependent mother or father ; 

(D) a dependent designated in official records; and 

(E) an individual determined to be dependent by the head 
of the agency concerned or his designee; 

(4) "active service" means active Federal service by an 
employee ; 

(5) "missing status" means the status of an employee who is 
in active service and is officially carried or determined to be absent 
in a status of — 

(A) missing; 

(B) missing in action; 

(C) interned in a foreign country; 

(D) captured, beleaguered, or besieged by a hostile force; 
or 

(E) detained in a foreign country against his will; 

but does not include the status of an employee for a period during 
which he is officially determined to be absent from his post of 
duty without authority ; and 

(6) "pay and allowances" means — 

(A) basic pay; 



Sec. 5562 280 

(B) special pay; 

(C) incentive pay ; 

(D) basic allowance for quarters ; 

(E) basic allowance for subsistence; and 

(F) station per diem allowances for not more than 90 days. 
(Pub. L. 80-554, Sept. 6, 1966, 80 Stat. 489.) 

§5562. Pay and allowances; continuance while in a missing 
status; limitations 

(a) An employee in a missing status is entitled to receive or have 
credited to his account, for the period he is in that status, the same 
pay and allowances to which he was entitled at the beginning of that 
period or may become entitled thereafter. Notwithstanding any other 
provision of law, an employee in a missing status on or after 
January 1, 1965, is entitled — 

(1) to payment for annual leave which accrued to his account 
on or after January 1, 1965, but which was forfeited under section 
6304 of this title because he was unable to use that leave by virtue 
of his missing status ; or 

(2) to have all of that leave restored to him and credited to 
a separate leave account in accordance with the provisions of 
section 6304(d) (2) of this title. 

An employee shall elect in writing, within 90 days immediately fol- 
lowing the date of enactment of this sentence or within 90 days immedi- 
ately following the termination of his missing status, whichever is 
later, whether he desires payment for the leave under clause (1) of this 
subsection or credit of the leave under clause (2) of this subsection. 
Payment under clause (1) of this subsection shall be at the employee's 
rate of basic pay in effect at the time the leave was forfeited. 

(b) Entitlement to pay and allowances under subsection (a) of this 
section ends on the date of — 

(1) receipt by the head of the agency concerned of evidence that 
the employee is dead ; or 

(2) death prescribed or determined under section 5565 of this 
title. 

That entitlement does not end — 

(A) on the expiration of the term of service or employment of 
an employee while he is in a missing status ; or 

(B) earlier than the dates prescribed in paragraphs (1) and 
(2) of this subsection if the employee dies while he is in a missing 
status. 

(c) An employee who is officially determined to be absent from his 
post of duty without. authority is indebted to the United States for 
payments of amounts credited to his account under subsection (a) of 
this section for the period of that absence. 

(d) When an employee in a missing status is continued in that status 
under section 5565 of this title, he continues to be entitled to have pay 
and allowances credited under subsection (a) of this section. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat, 490, amended Pub. L. 93-181, § 7(a), 
Dec. 14, 1973, 87 Stat. 707.) 



281 Sec. 5563 

§5563. Allotments; continuance, suspension, initiation, resump- 
tion, or increase while in a missing status; limitations 

(a) An allotment (including one for the purchase of United States 
saving bonds) made by an employee before he was in a missing status 
may be continued for the period he is in that status, notwithstanding 
the end of the period for which the allotment was made. 

(b) In the absence of an allotment or when an allotment is insuffi- 
cient for a purpose authorized by the head of the agency concerned, he 
or his designee may authorize such a new or increased allotment as cir- 
cumstances warrant, which is payable for the period the employee con- 
cerned is in a missing status. 

(c) All allotments from the pay and allowances of an employee in a 
missing status may not total more than the amount of pay and allow- 
ances he is permitted to allot under regulations prescribed by the head 
of the agency concerned. 

(d) A premium paid by the United States on insurance issued on 
the life of an employee, which is unearned because it covers a period 
after his death, reverts to the appropriation of the agency concerned. 

(e) Subject to subsections (f) and (g) of this section, the head of 
the agency concerned or his designee may direct the initiation, contin- 
uance, discontinuance, increase, decrease, suspension, or resumption of 
an allotment from the pay and allowances of an employee in a missing 
status when that action is in the interests of the employee, his depend- 
ents, or the United States. 

(f ) When the head of the agency concerned officially reports that an 
employee in a missing status is alive, an allotment under subsections 
(a)-(d) of this section may be paid, subject to section 5562 of this 
title, until the date the head of the agency concerned receives evidence 
that the employee is dead or has returned to the controllable jurisdic- 
tion of the agency concerned. 

(g) When an employee in a missing status is continued in that status 
under section 5565 of this title, an allotment under subsections (a)-(d) 
of this section may be continued, increased, or initiated. 

(h) When the head of the agency concerned considers it essential for 
the well-being and protection of the dependents of an employee in 
active service (other than an employee in a missing status), he may, 
with or without the consent of the employee and subject to termination 
on specific request of the employee — 

(1) direct the payment of a new allotment from the pay of the 
employee ; 

(2) increase or decrease the amount of an allotment made by 
the employee ; and 

(3) continue payment of an allotment of the employee which 
has expired. 

(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 490.) 

§5564. Travel and transportation; dependents; household and 
personal effects; motor vehicles; sale of bulky items; claims 
for proceeds ; appropriation chargeable 

(a) For the purpose of this section, "household and personal effects'' 
and "household effects" may include, in addition to other authorized 



Sec. 5564 282 

weight allowances, one privately owned motor vehicle which may be 
shipped at United States expense. 

(b) Transportation ( including packing, crating, dray ing, temporar- 
ily storing, and unpacking of household and personal effects) may be 
provided for the dependents and household and personal effects of an 
employee in active service (without regard to pay grade) who is offi- 
cially reported as dead, injured, or absent for more than 29 days in a 
status listed in section 5561 (5) (A) -(E) of this title to — 

(1) the official residence of record for the employee; 

(2) the residence of his dependent, next of kin, or other person 
entitled to the effects under regulations prescribed by the head of 
the agency concerned ; or 

(3) another location determined in advance or later approved 
by the head of the agency concerned or his designee on request of 
the employee (if injured) or his dependent, next of kin, or other 
person described in paragraph (2) of this subsection. 

(c) When an employee described in subsection (b) of this section 
is in an injured status, transportation of dependents and household 
and personal effects may be provided under this section only when pro- 
longed hospitalization or treatment is anticipated. 

(d) Transportation on request of a dependent may be authorized 
under this section only when there is a reasonable relationship between 
the circumstances of the dependent and the destination requested. 

(e) Instead of providing transportation for dependents under this 
section, when the travel has been completed the head of the agency 
concerned may authorize — 

(1) reimbursement for the commercial cost of the transporta- 
tion ; or 

(2) a monetary allowance, instead of transportation, as author- 
ized by statute for the whole or that part of the travel for which 
transportation in kind was not furnished. 

(f ) The head of the agency concerned may store the household and 
personal effects of an employee described in subsection (b) of this sec- 
tion until proper disposition can be made. The cost of the storage and 
transportation (including packing, crating, dray ing, temporarily stor- 
ing, and unpacking) of household and personal effects shall be charged 
against appropriations currently available. 

(g) When the head of the agency concerned determines that an 
emergency exists and that a sale would be in the best interests of the 
United States, he may provide for the public or private sale of motor 
vehicles and other bulky items of the household and personal effects of 
an employee described in subsection (b) of this section. Before a sale, 
and if practicable, a reasonable effort shall be made to determine the 
desires of interested persons. The net proceeds from the sale shall be 
sent to the owner or other person entitled thereto under regulations 
prescribed by the head of the agency concerned. If there is no owner or 
other person entitled thereto, or if the owner or other person or their 
addresses are not ascertained within 1 year from the date of sale, the 
net proceeds may be covered into the Treasury of the United States as 
miscellaneous receipts. 



283 Sec. 5565 

(h) A claim for net proceeds covered into the Treasury under sub- 
section (g) of this section may be filed with the General Accounting 
Office by the owner, his heir or next of kin, or his legal representative 
at any time before the end of 5 years from the date the proceeds are 
covered into the Treasury. When a claim is filed, the General Account- 
ing Office shall allow or disallow it. A claim that is allowed shall be 
paid from the appropriation for refunding money erroneously received 
and covered. If a claim is not filed before the end of 5 years from the 
date the proceeds are covered into the Treasury, it is barred from being 
acted on by the General Accounting Office or the courts. 

(i) This section does not amend or repeal — 

(1) section 2575, 2733, 4712, 4713, 6522, 9712, or 9713 of title 
10; 

(2) section 507 of title 14 ; or 

(3) chapter 171 of title 28. 

(Pub. L. 89-554, Sept. 6, 1966; 80 Stat. 491, amended Pub. L. 90-83, 
§ 1 (33) , Sept. 11, 1967, 81 Stat. 201.) 

§5565. Agency review 

(a) When an employee has been in a missing status almost 12 
months and no official report of his death or the circumstances of his 
continued absence has been received by the head of the agency con- 
cerned, he shall have the case fully reviewed. After that review and the 
end of 12 months in a missing status, or after any later review which 
shall be made when warranted by information received or other cir- 
cumstances, the head of the agency concerned or his designee may — 

(1) direct the continuance of his missing status, if there is a 
reasonable presumption that the employee is alive ; or 

(2) make a finding of death. 

(b) When a finding of death is made under subsection (a) of this 
section, it shall include the date death is presumed to have occurred 
for the purpose of the ending of crediting pay and allowances and 
settlement of accounts. That date is — 

(1) the day after the day on which the 12 months in a missing 
status ends ; or 

(2) a day determined by the head of the agency concerned or 
his designee when the missing status has been continued under 
subsection (a) of this section. 

(c) For the purpose of determining status under this section, a 
dependent of an employee in active service is deemed an employee. A 
determination under this section made by the head of the agency con- 
cerned or his designee is conclusive on all other agencies of the United 
States. This section does not entitle a dependent to pay, allowances, or 
other compensation to which he is not otherwise entitled. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 492.) 

§ 5566. Agency determinations 

(a) The head of the agency concerned or his designee may make any 
determination necessary to administer this subchapter, and when so 
made it is conclusive as to — 

( 1 ) death or finding of death ; 

(2) the fact of dependency under this subchapter ; 



Sec. 5566 284 

(3) any other status covered by this subchapter ; 

(4) an essential date, including one on which evidence or in- 
formation is received by the head of the agency concerned; and 

(5) whether information received concerning an employee is to 
be construed and acted on as an official report of death. 

(b) When the head of the agency concerned receives information 
that he considers to conclusively establish the death of an employee, 
he shall take action thereon as an official report of death, notwith- 
standing an earlier action relating to death or other stauts of the 
employee. After the end of 12 months in a missing status prescribed 
by section 5565 of this title, the head of the agency concerned or his 
designee shall make a finding of death when he considers that the 
information received, or a lapse of time without information, estab- 
lishes a reasonable presumption that an employee in a missing status 
is dead. 

(c) The head of the agency concerned or his designee may determine 
the entitlement of an employee to pay and allowances under this sub- 
chapter, including credits and charges in his account, and that de- 
termination is conclusive. An account may not be charged or debited 
with an amount that an employee captured, beleaguered, or besieged 
by a hostile force may receive or be entitled to receive from, or have 
placed to his credit by, the hostile force as pay, allowances, or other 
compensation. 

(d) When circumstances warrant the reconsideration of a determi- 
nation made under this subchapter, the head of the agency concerned 
or his designee may change or modify it. 

(e) When the account of an employee has been charged or debited 
with an allotment paid under this subchapter, the amount so charged 
or debited shall be recredited to the account of the employee if the 
head of the agency concerned or his designee determines that the pay- 
ment was induced by fraud or misrepresentation to which the em- 
ployee was not a party. 

(f) Except an allotment for an unearned insurance premium, an 
allotment paid from the pay and allowances of an employee for the 
period he is in a missing status may not be collected from the allottee 
as an overpayment when payment was caused by delay in receiving 
evidence of death. An allotment paid for a period after the end, under 
this subchapter or otherwise, of entitlement to pay and allowances 
may not be collected from the allottee or charged against the pay of 
a deceased employee when payment was caused by delay in receiving 
evidence of death. 

(g) The head of the agency concerned or his designee may waive 
the recovery of an erroneous payment or overpayment of an allotment 
to a dependent if he considers recovery is against equity and good 
conscience. 

(h) For the purpose of determining status under this section, a de- 
pendent of an employee in active service is deemed an employee. A 
determination under this section made by the head of the agency con- 
cerned or his designee is conclusive on all other agencies of the United 
States. This section does not entitle a dependent to pay, allowances, 
or other compensation to which he is not otherwise entitled. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 493.) 



285 Sec. 5567 

§ 5567. Settlement of accounts 

(a) The head of the agency concerned or his designee may settle the 
accounts of — 

(1) an employee for whose account payment has been made 
under sections 5562, 5563, and 5565 of this title ; and 

(2) a survivor of a casualty to a ship, station, or military in- 
stallation which results in the loss or destruction of disbursing 
records. 

That settlement is conclusive on the accounting officials of the United 
States in settling the accounts of disbursing officials. 

(b) Payment or settlement of an account made pursuant to a re- 
port, determination, or finding of death may not be recovered or re- 
opened because of a later report or determination which fixes a date of 
death. However, an account shall be reopened and settled on the basis 
of a date of death so fixed which is later than that used as a basis for 
earlier settlement. 

(c) In settling the accounts of a disbursing official, he is entitled 
to credit for an erroneous payment or overpayment made by him 
in carrying out this subchapter, except section 5568, if there is no fraud 
or criminality by him. Recovery may not be made from an individual 
who authorizes a payment under this subchapter, except section 5568, 
if there is no fraud or Criminality by him. (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat. 494.) 

§ 5568. Income tax deferment 

Notwithstanding other statutes, any Federal income tax return of, 
or the payment of any Federal income tax by, an employee who, at the 
time of the return or payment would otherwise become due, is in a 
missing status does not become due until the earlier of the following 
dates : 

(1) the fifteenth day of the third month in which he ceased 
(except because of death or incompetency) being in a missing 
status, unless before the end of that fifteenth day he is again in 
a missing status ; or 

(2) the fifteenth day of the third month after the month in 
which an executor, administrator, or conservator of the estate of 
the taxpayer is appointed. 

That due date is prescribed subject to the power of the Secretary of 
the Treasury or his delegate to extend the time for filing the return or 
paying the tax, as in other cases, and to assess and collect the tax as 
provided by sections 6851, 6861, and 6871 of title 26 in cases in which 
the assessment or collection is jeopardized and in cases of bankruptcy 
or receivership. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 494.) 



35-550 O - 79 - 20 



Sec. 5581 286 



SUBCHAPTEK VIII— SETTLEMENT OF ACCOUNTS 
§5581. Definitions 

For the purpose of this subchapter — 

(1) "employee" means — 

(A) an employee as defined by section 2105 of this title; 
and 

(B) an individual employed by the government of the 
District of Columbia ; 

but does not include an employee of — 
(i) a Federal land bank ; 
( ii ) a Federal intermediate credit bank ; 
(iii) a regional bank for cooperatives ; or 
(iv) the Senate within the purview of section 36a of title 

2; 

(2) "money due" means the pay and allowances due on ac- 
count of the services of a deceased employee for the Government 
of the United States or the government of the District of Colum- 
bia. It includes, but is not limited to — 

(A) per diem instead of subsistence, mileage, and amounts 
due in reimbursement of travel expenses, including incidental 
and miscellaneous expenses in connection therewith for 
which reimbursement is due ; 

( B ) allowances on change of official station ; 

(C) quarters and cost-of-living allowances and overtime 
or premium pay ; 

(D) amounts due for payment of cash awards for employ- 
ees' suggestions; 

(E) amounts due as refund of pay deductions for United 
States savings bonds ; 

(F) payment for accumulated and current accrued annual 
or vacation leave equal to the pay the deceased employee 
would have received had he lived and remained in the service 
until the end of the period of annual or vacation leave ; 

(G) amounts of checks drawn for pay and allowances 
which were not delivered by the Government to the employee 
during his lifetime; 

(H) amounts of unnegotiated checks returned to the Gov- 
ernment because of the death of the employee ; and 

(I) retroactive pay under section 5344(a) (2) of this title. 
It does not include benefits, refunds, or interest payable under 
subchapter III of chapter 83 of this title applicable to the serv- 
ice of the deceased employee, or amounts the disposition of which 
is otherwise expressly prescribed by Federal statute. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 495.) 



287 Sec. 5582 

§ 5582. Designation of beneficiary ; order of precedence 

(a) The employing agency shall notify each employee of his right 
to designate a beneficiary or beneficiaries to receive money due, and 
of the disposition of money due if a beneficiary is not designated. An 
employee may change or revoke a designation at any time under such 
regulations as the Comptroller General of the United States may 
prescribe. 

(b) In order to facilitate the settlement of the accounts of de- 
ceased employees, money due an employee at the time of his death 
shall be paid to the person or persons surviving at the date of death, 
in the following order of precedence, and the payment bars recovery 
by another person of amounts so paid : 

First, to the beneficiary or beneficiaries designated by the em- 
ployee in writing received in the employing agency before his 
death. 

Second, if there is no designated beneficiary, to the widow or 
widower of the employee. 

Third, if none of the above, to the child or children of the em- 
ployee and descendants of deceased children by representation. 

Fourth, if none of the above, to the parents of the employee or 
the survivor of them. 

Fifth, if none of the above, to the duly appointed legal repre- 
sentative of the estate of the employee. 

Sixth, if none of the above, to the person or persons entitled 
under the laws of the domicile of the employee at the time of his 
death. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 495.) 

§ 5583. Payment of money due ; settlement of accounts 

(a) Under such regulations as the Comptroller General of the 
United States may prescribe, the employing agency shall pay money 
due a deceased employee to the beneficiary designated by the employee 
under section 5582(b) of this title, or, if none, to the widow or 
widower of the employee. 

(b) Except as the Comptroller General may by regulation other- 
wise authorize or direct, accounts not payable under subsection (a) 
of this section are payable on settlement of the General Accounting 
Office. However — 

(1) accounts of employees of the government of the District of 
Columbia shall be paid by the District of Columbia ; 

(2) accounts of employees of the Canal Zone Government on 
the Isthmus of Panama shall be paid by the Canal Zone Govern- 
ment; and 

(3) accounts of employees of Government corporations or 
mixed ownership Government corporations may be paid by the 
corporations. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 496.) 

§5584. Claims for overpayment of pay and allowances, other 
than travel and transportation expenses and allowances and 
relocation expenses 

(a) A claim of the United States against a person arising out of an 
erroneous payment of pay or allowances, other than travel and trans- 



Sec. 5584 288 

portation expenses and allowances and relocation expenses payable 
under section 5724a of this title, on or after July 1, 1960, to an em- 
ployee of an agency, the collection of which would be against equity 
and good conscience and not in the best interests of the United States, 
may be waived in whole or in part by — 

(1) the Comptroller General of the United States; or 

(2) the head of the agency when — 

(A) the claim is in an amount aggregating not more than 
$500; 

(B) the claim is not the subject of an exception made by 
the Comptroller General in the amount of any accountable 
official ; and 

(C) the waiver is made in accordance with standards which 
the Comptroller General shall prescribe. 

(b) The Comptroller General or head of the agency, as the case 
may be, may not exercise his authority under this section to waive 
any claim — 

(1) if, in his opinion, there exists, in connection with the claim, 
an indication of fraud, misrepresentation, fault, or lack of good 
faith on the part of the employee or any other person having an 
interest in obtaining a waiver of the claim ; 

(2) except in the case of employees of the Government Print- 
ing Office, the Library of Congress, the Office of the Architect of 
the Capitol, or the Botanic Garden, if application for waiver is 
received in his office, after the expiration of three years immedi- 
ately following the date on which the erroneous payment of pay 
was discovered or three years immediately following October 21, 
1968, whichever is later ; 

(3) except in the case of employees of the Government Print- 
ing Office, the Library of Congress, the Office of the Architect 
of the Capitol, or the Botanic Garden, if application for waiver 
is received in his office after the expiration of three years immedi- 
ately following the date on which the erroneous payment of al- 
lowances was discovered or three years immediately following 
October 2, 1972, whichever is later ; or 

(4) in the case of employees of the Government Printing 
Office, the Library of Congress, the Office of the Architect of the 
Capitol, or the Botanic Garden, if application for waiver is re- 
ceived in his office after the expiration of 3 years immediately 
following the date on which the erroneous payment of pay or 
allowances was discovered or 3 years immediately following the 
date on which this clause (4) is enacted into law, whichever 
is later. 

(c) A person who has repaid to the United States all or part of the 
amount of a claim, with respect to which a waiver is granted under 
this section, is entitled, to the extent of the waiver, to refund, by the 
employing agency at the time of the erroneous payment, of the 
amount repaid to the United States, if he applies to that employing 
agency for that refund within two years following the effective date 
of the waiver. The employing agency shall pay that refund in ac- 
cordance with this section. 



289 Sec. 5584 

(d) In the audit and settlement of the accounts of any accountable 
official, full credit shall be given for any amounts with respect to 
which collection by the United States is waived under this section. 

(e) An erroneous payment, the collection of which is waived under 
this section, is deemed a valid payment for all purposes. 

(f ) This section does not effect any authority under any other stat- 
ute to litigate, settle, compromise, or waive any claim of the United 
States. 

(g) For the purpose of this section, "agency" means — 

( 1 ) an Executive agency ; 

(2) the Government Printing Office; 

(3) the Library of Congress ; 

(4) the Office of the Architect of the Capitol ; and 

(5) the Botanic Garden. 

(Added Pub. L. 90-616, § 1(a), Oct. 21, 1968, 82 Stat, 1212, amended 
Pub. L. 92-453, §3(1), Oct. 2, 1972, 86 Stat. 760; Pub. L. 93-359, 
§ 1, July 25, 1974, 88 Stat. 393.) 



I 



Sec. 5591 290 



SUBCHAPTER IX— SEVERANCE PAY AND BACK PAY 

§§ 5591-5594. Repealed. Pub. L. 90-83, § 1(34) (B), Sept. 11, 1967, 81 
Stat. 201 

§5595. Severance pay 

(a) For the purpose of this section — 

( 1 ) "agency" means — 

(A) an Executive agency ; 

( B ) the Library of Congress ; 

(C) the Government Printing Office; and 

(D) the government of the District of Columbia; and 

(2) "employee" means — 

(A) an individual employed in or under an agency; and 

(B) an individual employed by a county committee estab- 
lished under section 590h (b) of title 16 ; 

but does not include — 

(i) an employee other than a member of the Senior Execu- 
tive Service whose rate of basic pay is fixed at a rate provided 
for one of the levels of the Executive Schedule or is in excess 
of the maximum rate for GS-18 ; 

(ii) an employee serving under an appointment with a 
definite time limitation, except one so appointed for fulltime 
employment without a break in service of more than 3 days 
following service under an appointment without time 
limitation; 

(iii) an alien employee who occupies a position outside the 
several States, the District of Columbia, and the Canal Zone ; 

(iv) an employee who is subject to subchapter III of chap- 
ter 83 of this title or any other retirement statute or retire- 
ment system applicable to an employee as defined by section 
2105 of this title or a member of a uniformed service and who 
at the time of separation from the service, has fulfilled the 
requirements for immediate annuity under such a statute 
or system ; 

(v) an employee who, at the time of separation from the 
service, is receiving compensation under subchapter I of 
chapter 81 of this title, other than one receiving this com- 
pensation concurrently with pay or on account of the death 
of another individual ; 

(vi) an employee who, at the time of separation from the 
service, is entitled to receive other severance pay from the 
Government ; 

(vii) an employee of the Tennessee Valley Authority; or 

(viii) such other employee as may be excluded by regula- 
tions of the President or such other officer or agency as he 
may designate. 



291 Sec. 5596 

(b) Under regulations prescribed by the President or such officer 
or agency as he may designate, an employee who — 

(1) has been employed currently for a continuous period of at 
least 12 months ; and 

(2) is involuntarily separated from the service, not by removal 
for cause on charges of misconduct, delinquency, or inefficiency; 

is entitled to be paid severance pay in regular pay periods by the 
agency from which separated. 

(c) Severance pay consists of — 

(1) a basic severance allowance computed on the basis of 1 
week's basic pay at the rate received immediately before separa- 
tion for each year of civilian service up to and including 10 years 
for which severance pay has not been received under this or any 
other authority and 2 weeks' basic pay at that rate for each year 
of civilian service beyond 10 years for which severance pay has 
not been received under this or any other authority ; and 

(2) an age adjustment allowance computed on the basis of 10 
percent of the total basic severance allowance for each year by 
which the age of the recipient exceeds 40 years at the time of 
separation. 

Total severance pay under this section may not exceed 1 year's pay at 
the rate received immediately before separation. For the purpose of 
this subsection, basic pay includes premium pav under section 
5545(c)(1) of this title. 

(d) If an employee is reemployed by the Government of the United 
States or the government of the District of Columbia before the end of 
the period covered by payments of severance pay, the payments shall 
be discontinued beginning with the date of reemployment and the serv- 
ice represented by the unexpired portion of the period shall be recredi- 
ted to the employee for use in any later computations of severance pay. 
For the purpose of subsection (b)(1) of this section, reemployment 
that causes severance pay to be discontinued is deemed employment 
continuous with that serving as the basis for severance pay. 

(e) If the employee dies before the end of the period covered by 
payments of severance pay, the payments of severance pay with respect 
to the employee shall be continued as if the employee were living and 
shall be paid on a pay period basis to the survivor of the employee in 
accordance with section 5582 (b) of this title. 

(f ) Severance pay under this section is not a basis for payment, and 
may not be included in the basis for computation, of any other type of 
United States or District of Columbia Government benefits. A period 
covered by severance pay it not a period of United States or District of 
Columbia Government service or employment. 

(g) The Secretary of Agriculture shall prescribe regulations to 
effect the application and operation of this section to an individual 
named by subsection (a) (2) (B) of this section. (Added Pub. L. 90-83, 
§1(34)(C), Sept. 11, 1967, 81 Stat. 201; amended, Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1173.) 

§ 5596. Back pay due to unjustified personnel action 

(a) For the purpose of this section, "agency" means — 

( 1 ) an Executive agency ; 

(2) the Administrative Office of the United States Courts ; 



Sec. 5596 292 

( 3 ) the Library of Congress ; 

(4) the Government Printing Office, and 

( 5 ) the government of the District of Columbia. 

(b) (1) An employee of an agency who, on the basis of a timely 
appeal or an administrative determination (including a decision relat- 
ing to an unfair labor practice or a grievance) is found by appropriate 
authority under applicable law, rule, regulation, or collective bargain- 
ing agreement, to have been affected by an unjustified or unwarranted 
personnel action which has resulted in the withdrawal or reduction of 
all or part of the pay, allowances, or differentials of the employee — 

(A) is entitled, on correction of the personnel action, to receive 
for the period for which the personnel action was in effect — 

(i) an amount equal to all or part of the pay, allow- 
ances, or differentials, as applicable which the employee 
normally would have earned or received during the period if 
the personnel action had not occurred, less any amounts 
earned by the employee through other employment during 
that period ; and 

(ii) reasonable attorney fees related to the personnel 
action which, with respect to any decision relating to an unfair 
labor practice or a grievance processed under a procedure 
negotiated in accordance with chapter 71 of this title, shall 
be awarded in accordance with standards established under 
section 7701 (g) of this title ; and 

(B) for all purposes, is deemed to have performed service for 
the agency during that period, except that — 

(i) annual leave restored under this paragraph which is in 
excess of the maximum leave accumulation permitted by law 
shall be credited to a separate leave account for the employee 
and shall be available for use by the employee within the time 
limits prescribed by regulations of the Office of Personnel 
Management, and 

(ii) annual leave credited under clause (i) of this sub- 
paragraph but unused and still available to the employee 
under regulations prescribed by the Office shall be included in 
the lump-sum payment under section 5551 or 5552(1) of this 
title but may not be retained to the credit of the employee 
under section 5552(2) of this title. 

(2) This subsection does not apply to any reclassification action 
nor authorize the setting aside of an otherwise proper promotion by a 
selecting official from a group of properly ranked and certified 
candidates. 

(3) For the purpose of this subsection, "grievance" and "collective 
bargaining agreement" have the meanings set forth in section 7103 of 
this title, "unfair labor practice" means an unfair labor practice 
described in section 7116 of this title, and "personnel action" includes 
the omission or failure to take an action or confer a benefit. (Added 
Pub. L. 90-83, § 1(34) (C), Sept. 11, 1967, 81 Stat. 203, amended Pub. 
L. 94-172, § 1 (a) , Dec. 23, 1975, 89 Stat. 1025 ; Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1216.) 



CHAPTER 57— TRAVEL, TRANSPORTATION, AND 
SUBSISTENCE 

SUBCHAPTER 1— TRAVEL AND SUBSISTENCE EXPENSES ; 
MILEAGE ALLOWANCES 

Sec. 

5701. Definitions. 

5702. Per diem ; employee traveling on official business. 

5703. Per diem, travel, and transportation expenses ; experts and consultants ; 

individuals serving without pay. 

5704. Mileage and related allowances. 

5705. Advancements and deductions. 

5706. Allowable travel expenses. 

5707. Regulations and reports. 

5708. Effect on other statutes. 

5709. Air evacuation patients ; furnished subsistence. 

SUBCHAPTER II— TRAVEL AND TRANSPORTATION EXPENSES; NEW 
APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES 

5721. Definitions. 

5722. Travel and transportation expenses of new appointees; posts of duty 

outside the continental United States. 

5723. Travel and transportation expenses of new appointees and student 

trainees ; manpower shortage positions. 

5724. Travel and transportation expenses of employees transferred ; advance- 

ment of funds ; reimbursement on commuted basis. 
5724a. Relocation expenses of employees transferred or reemployed. 

5725. Transportation expenses ; employees assigned to danger areas. 
5276. Storage expenses ; household goods and personal effects. 

5727. Transportation of motor vehicles. 

5728. Travel and transportation expenses ; vacation leave. 

5729. Transportation expenses ; prior return of family. 

5730. Funds available. 

5731. Expenses limited to lowest first-class rate. 

5732. General average contribution ; payment or reimbursement. 

5733. Expeditious travel. 

SUBCHAPTER III— TRANSPORTATION OF REMAINS, 
DEPENDENTS, AND EFFECTS 

5741. General prohibition. 

5742. Transportation of remains, dependents, and effects ; death occurring away 

from official station or abroad. 

SUBCHAPTER IV— MISCELLANEOUS PROVISIONS 

5751. Travel expenses of witnesses. 

5752. Travel expenses of Senior Executive Service candidates. 

(293) 



Sec. 5701 294 



SUBCHAPTER I— TRAVEL AND SUBSISTENCE 
EXPENSES; MILEAGE ALLOWANCES 

§5701. Definitions 

For the purpose of this subchapter — 

(1) "agency" means — 

(A) an Executive agency ; 

( B ) a military department ; 

(C) an office, agency, or other establishment in the legisla- 
tive branch; 

(D) an office, agency, or other establishment in the judicial 
branch; and 

(E) the government of the District of Columbia; 
but does not include — 

(i) a Government controlled corporation; 
(ii) a Member of Congress ; or 

(iii) an office or committee of either House of Congress 
or of the two Houses ; 

(2) "employee" means an individual employed in or under an 
agency including an individual employed intermittently in the 
Government service as an expert or consultant and paid on a daily 
when-actually-employed basis and an individual serving without 
pay or at $1 a year; 

(3) "subsistence" means lodging, meals, and other necessary 
expenses for the personal sustenance and comfort of the traveler; 

(4) "per diem allowance" means a daily flat rate payment in- 
stead of actual expenses for subsistence and fees or tips to porters 
and stewards; 

(5) "Government" means the Government of the United States 
and the government of the District of Columbia; and 

(6) "continental United States" means the several States and 
the District of Columbia, but does not include Alaska or Hawaii. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 498, amended Pub. L. 94-22, 
§2, May 19, 1975, 89 Stat. 84.) 

§ 5702. Per diem ; employee traveling on official business 

(a) Under regulations prescribed under section 5707 of this title, 
an employee while traveling on official business away from his desig- 
nated post of duty, or in the case of an individual described under 
section 5703 of this title, his home or regular place of business, is 
entitled to (1) a per diem allowance for travel inside the continental 
United States at a rate not to exceed $35, and (2) a per diem allow- 
ance for travel outside the continental United States, that may not 
exceed the rate established by the President, or his designee, for each 
locality where travel is to be performed. For travel consuming less 
than a full day, such rate may be allocated proportionally. 



295 Sec. 5703 

(b) Under regulations prescribed under section 5707 of this title, 
an employee who, while traveling on official business away from his 
designated post of duty or, in the case of an individual described 
under section 5703 of this title, his home or regular place of business, 
becomes incapacitated by illness or injury not due to his own miscon- 
duct, is entitled to the per diem allowance and appropriate transporta- 
tion expenses to his designated post of duty, or home or regular place 
of business, as the the case may be. 

(c) Under regulations prescribed under section 5707 of this title, 
the Administrator of General Services or his designee, may prescribe 
conditions under which an employee may be reimbursed for the actual 
and necessary expenses of official travel when the maximum per diem 
allowance would be less than these expenses, except that such reim- 
bursement shall not exceed $50 for each day in a travel status within 
the continental United States when the per diem otherwise allowable 
is determined to be inadequate (A) due to the unusual circumstances 
of the travel assignment, or (B) for travel to high rate geographical 
areas designated as such in regulations prescribed under section 5707 
of this title. 

(d) Under regulations prescribed under section 5707 of this title, 
for travel outside the continental United States, the Administrator of 
General Services or his designee, may prescribe conditions under which 
an employee may be reimbursed for the actual and necessary expenses 
of official travel when the per diem allowance would be less than these 
expenses, except that such reimbursement shall not exceed $21 for 
each day in a travel status outside the continental United States plus 
the locality per diem rate prescribed for such travel. 

(e) This section does not apply to a justice or judge, except to 
the extent provided by section 456 of title 28. (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat. 498, amended Pub. L. 91-114, § 1, Nov. 10, 1969, 83 Stat. 
190 ; Pub. L. 94-22, § 3, May 19, 1975, 89 Stat 84.) 

§5703. Per diem, travel, and transportation expenses; experts 
and consultants ; individuals serving without pay 

An employee serving intermittenlv in the Government service as an 
expert or consultant and paid on a daily when-actually-employed basis, 
or serving without pay or a $1 a year, may be allowed travel or trans- 
portation expenses, under this subchapter, while aAvay from his home 
or regular place of business and at the place of employment or service. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 99, amended Pub. L. 91-114, 
§ 2, Nov. 10, 1969, 83 Stat. 190; Pub. L. 94-22, § 4, May 19, 1975. 80 
Stat. 85.) 

§ 5704. Mileage and related allowances 

(a) Under regulations prescribed under section 5707 of this title, 
an employee who is engaged on official business for the Government is 
entitled to not in excess of — 

( 1 ) 11 cents a mile for the use of a privately owned motorcycle ; 

(2) 20 cents a mile for the use of a privately owned automobile ; 
or 

(3) 24 cents a mile for the use of a privately owned airplane; 
instead of actual expenses of transportation when that mode of 
transportation is authorized or approved as more advantageous to 



Sec. 5705 296 

the Government. A determination of such advantage is not re- 
quired when payment on a mileage basis is limited to the cost of 
travel by common carrier including per diem. Notwithstanding 
the preceding provisions of this subsection, in any case in which an 
employee who is engaged on official business for the Government 
chooses to use a privately owned vehicle in lieu of a Government 
vehicle, payment on a mileage basis is limited to the cost of travel 
by a Government vehicle, 
(b) In addition to the mileage allowance authorized under subsec- 
tion (a) of this section, the employee may be reimbursed for — 

(1) parking fees; 

(2) ferry fees; 

(3) bridge, road, and tunnel costs ; and 

(4) airplane landing and tie-down fees. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500, amended Pub. L. 94-22, § 5, 
May 19, 1975, 89 Stat. 85.) 

§ 5705. Advancements and deductions 

An agency may advance, through the proper disbursing official, to 
an employee entitled to per diem or mileage allowances under this 
subchapter, a sum considered advisable with regard to the character 
and probable duration of the travel to be performed. A sum advanced 
and not used for allowable travel expenses is recoverable from the 
employee or his estate by — 

(1) setoff against accrued pay, retirement credit, or other 
amount due the employee; 

(2) deduction from an amount due from the United States ; and 

(3) such other method as is provided by law. 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 500.) 

§ 5706. Allowable travel expenses 

Except as otherwise permitted by this subchapter or by statutes re- 
lating to members of the uniformed services, only actual and necessary' 
travel expenses may be allowed to an individual holding employment 
or appointment under the United States. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat, 500.) 

§ 5707. Regulations and reports 

(a) The Administrator of General Services shall prescribe regula- 
tions necessary for the. administration, of this subchapter, except that 
the Director of the Administrative Office of the United States Courts 
shall prescribe such regulations with respect to official travel by em- 
ployees of the judicial branch of the Government. 

(b)(1) The Administrator of General Services, in consultation 
with the Comptroller General of the United States, the Secretary of 
Transport at ion, the Secretary of Defense, and representatives of orga- 
nizations of employees of the Government, shall conduct periodic 
investigations of the cost of travel and the operation of privately 
owned vehicles to employees while engaged on official business, and 
shall report the results of such investigations to Congress at least once 
a year. In conducting the investigations, the Administrator shall re- 
view and analyze among ot her factors — ^ 

(A) depreciation of original vehicle cost; 



297 Sec. 5708 

(B) gasoline and oil (excluding taxes) ; 

( C ) maintenance, accessories, parts, and tires ; 

(D) insurance; and 

(E) State and Federal taxes. 

(2) The Administrator shall issue regulations under this section 
which shall prescribe mileage allowances which shall not exceed the 
amounts set forth in section 5704(a) of this title and which reflect the 
current costs, as determined by the Administrator, of operating pri- 
vately owned motorcycles, automobiles, and airplanes. At least once 
each year after the issuance of the regulations described in the preced- 
ing sentence, the Administrator shall determine, based upon the results 
of his investigation, specific figures, each rounded to the nearest one- 
half cent, of the average, actual cost a mile during the period for the 
use of a privately owned motorcycle, automobile, and airplane. The 
Administrator shall report such figures to Congress not later than five 
working days after he makes his determination. Each such report shall 
be printed in the Federal Register. The mileage allowances contained 
in regulations prescribed under this section shall be adjusted within 
thirty days following the submission of that report to the figures so 
determined and reported by the Administrator (Pub. L. 89-534, 
Sept. 6, 1966, 80 Stat. 500, amended Pub. L. 94-22, §6(a), May 19, 
1975, 89 Stat. 85.) 

§ 5708. Effect on other statutes 

This subchapter does not modify or repeal — 

(1) any statute providing for the traveling expenses of the 
President ; 

(2) any statute providing for mileage allowances for Members 
of Congress ; 

(3) any statute fixing or permitting rates higher than the 
maximum rates established under this subchapter ; or 

(4) any appropriation statute item for examination of esti- 
mates in the field. 

(Pub. L. 89-554, Sept. 6 ,1966, 80 Stat. 500.) 

§ 5709. Air evacuation patients : furnished subsistence 

Notwithstanding any other provision of law, and under regula- 
tions prescribed under section 5707 of this title, an employee and his 
dependents may be furnished subsistence without charge while being 
evacuated as a patient by military aircraft of the United States. 
(Added, Pub. L. 91-481, § 1(1), Oct. 21, 1970, 84 Stat. 1081.) 



Sec. 5721 298 



SUBCHAPTER II— TRAVEL AND TRANSPORTATION EX- 
PENSES; NEW APPOINTEES, STUDENT TRAINEES, 
AND TRANSFERRED EMLOYEES 

§5721. Definitions 

For the purpose of this subchapter — 

(1) "agency" means — 

(A) an Executive agency ; 

(B) a military department ; 

( C) a court of the United States ; 

(D) the Administrative Office of the United States Courts ; 

(E) the Library of Congress ; 

(F) the Botanic Garden ; 

(G) the Government Printing Office ; and 

(H) the government of the District of Columbia ; 
but does not include a Government controlled corporation; 

(2) "employee" means an individual employed in or under an 
agency; 

(3) "continental United States" means the several States and 
the District of Columbia, but does not include Alaska or Hawaii ; 

(4) "Government" means the Government of the United States 
and the government of the District of Columbia ; and 

(5) "appropriation" includes funds made available by statute 
under section 849 of title 31. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500.) 

§ 5722. Travel and transportation expenses of new appointees ; 
posts of duty outside the continental United States 

(a) Under such regulations as the President may prescribe and 
subject to subsections (b) and (c) of this section, an agency may pay 
from its appropriations — 

(1) travel expenses of a new appointee and transportation 
expenses of his immediate family and his household goods and 
personal effects from the place of actual residence at the time of 
appointment to the place of employment outside the continental 
United States ; and 

(2) these expenses on the return of an employee from his post 
of duty outside the continental United States to the place of his 
actual residence at the time of assignment to dutv outside the 
United States. 

(b) An agency may pay expenses under subsection (a) (1) of this 
section only after the individual selected for appointment agrees in 
writing to remain in the Government service for a minimum period 
of— 

(1) one school year as determined under chapter 25 of title 20, 
if selected for appointment to a teaching position, except as a 
substitute, in the Department of Defense under that chapter; or 



299 Sec. 5723 

(2) 12 months after his appointment, if selected for appoint- 
ment to any other position ; 
unless separated for reasons beyond his control which are acceptable 
to the agency concerned. If the individual violates the agreement, the 
money spent by the United States for the expenses is recoverable from 
the individual as a debt due the United States. 

(c) An agency may pay expenses under subsection (a) (2) of this 
section only after the individual has served for a minimum period of — 

(1) one school year as determined under chapter 25 of title 20, 
if employed in a teaching position, except as a substitute, in the 
Department of Defense under that chapter ; or 

(2) not less than one nor more than 3 years prescribed in 
advance by the head of the agency, if employed in any other 
position ; 

unless separated for reasons beyond his control which are acceptable 
to the agency concerned. These expenses are payable whether the 
separation is for Government purposes or for personal convenience. 

(d) This section does not apply to appropriations for the Foreign 
Service of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
501.) 

§ '5723. Travel and transportation expenses of new appointees and 
student trainees; manpower shortage positions 

(a) Under such regulations as the President may prescribe and 
subject to subsections (b) and (c) of this section, an agency may pay 
from its appropriations — 

(1) travel expenses of a new appointee, or a student trainee 
when assigned on completion of college work, to a position in the 
United States for which the Office of Personnel Management 
determines there is a manpower shortage or of a new appointee to 
the Senior Executive Service ; and 

(2) transportation expenses of his immediate family and his 
household goods and personal effects to the extent authorized by 
section 5724 of this title ; 

from his place of residence at the time of selection or assignment to his 
duty station. If the travel and transportation expenses of a student 
trainee were paid when he was appointed, they may not be paid when 
he is assigned after completion of college work. Travel expenses pay- 
able under this subsection may include the per diem and mileage 
allowances authorized for employees by subchapter I of this chapter. 
Advances of funds may be made for the expenses authorized by this 
subsection to the extent authorized by section 5724(f) of this title, 

(b) An agency may pay travel and transportation expenses under 
subsection (a) of this section only after the individual selected or 
assigned agrees in writing to remain in the Government service for 
12 months after his appointment or assignment, unless separated for 
reasons beyond his control which are acceptable to the agency con- 
cerned. If the individual violates the agreement, the money spent by 
the United States for the expenses is recoverable from the individual 
as a debt due the United States. 

(c) An agency may pay travel and transportation expenses under 
subsection (a) of this section whether or not the individual selected 
has been appointed at the time of the travel. 



Sec. 5724 300 

(d) The Office may delegate its authority to determine positions 
for which there is a manpower shortage for the purpose of this section. 

(e) This section does not impair or otherwise affect the authority 
of an agency under existing statute to pay travel and transportation 
expenses of individuals named by subsection (a) of this section. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 502; amended, Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1173 and 1124.) 

§ 5724. Travel and transportation expenses of employees trans- 
ferred; advancement of funds; reimbursement on commuted 
basis 

(a) Under such regulations as the President may prescribe and 
when the head of the agency concerned or his designee authorizes or 
approves, the agency shall pay from Government funds — 

(1) the travel expenses of an employee transferred in the in- 
terest of the Government from one official station or agency to 
another for permanent duty, and the transportation expenses of 
his immediate family, or a commutation thereof under section 
5704 of this title; and 

(2) the expenses of transporting, packing, crating, temporarily 
storing, draying, and unpacking his household goods and per- 
sonal effects not in excess of 11,000 pounds net weight. 

(b) Under such regulations as the President may prescribe, an em- 
ployee who transports a house trailer or mobile dwelling inside the 
continental United States, inside Alaska, or between the continental 
United States and Alaska, for use as a residence, and who otherwise 
would be entitled to transportation of household goods and personal 
effects under subsection (a) of this section, is entitled, instead of that 
transportation, to — 

(1) a reasonable allowance not in excess of 20 cents a mile for 
transportation of the house trailer or mobile dwelling, if the 
trailer or dwelling is transported by the employee; or 

(2) commercial transportation of the house trailer or mobile 
dwelling, at Government expense, or reimbursement to the em- 
ployee therefor, including the payment of necessary tolls, charges, 
and permit fees, if the trailer or dwelling is not transported by 
the employee. 

However, payment under this subsection may not exceed the maxi- 
mum payment to which the employee otherwise would be entitled 
under subsection (a) of this section for transportation and temporary 
storage of his household goods and personal effects in connection with 
this transfer. 

(c) Under such regulations as the President may prescribe, an 
employee who transfers between points inside the continental United 
States, instead of being paid for the actual expenses of transporting, 
packing, crating, temporarily storing, draying, and unpacking of 
household goods and personal effects, shall be reimbursed on a com- 
muted basis at the rates per 100 pounds that are fixed by zones in the 
regulations. The reimbursement may not exceed the amount which 
would be allowable for the authorized weight allowance. However, 
under regulations prescribed by the President, payment of actual ex- 
penses may be made when the head of the agency determines that pay- 
ment of actual expenses is more economical to the Government. 



301 Sec. 5724a 

(d) When an employee transfers to a post of duty outside the conti- 
nental United States, his expenses of travel and transportation to 
and from the post shall be allowed to the same extent and with the 
same limitations prescribed for a new appointee under section 5722 of 
this title. 

(e) When an employee transfers from one agency to another, the 
agency to which he transfers pays the expenses authorized by this sec- 
tion. However, under regulations prescribed by the President, in a 
transfer from one agency to another because of a reduction in force 
or transfer of function, expenses authorized by this section and sec- 
tions 5726(b) and 5727 of this title (other than expenses authorized 
in connection with a transfer to a foreign country) and by section 
5724a (a), (b) of this title may be paid in whole or in part by the 
agency from which the employee transfers or by the agency to which 
he transfers, as may be agreed on by the heads of the agencies con- 
cerned. 

(f) Advance of funds may be made to an employee under the 
regulations of the President with the same safeguards required under 
section 5705 of this title. 

(g) The allowances authorized by this section do not apply to an 
employee transferred under chapter 14 of title 22. 

(h) When a transfer is made primarily for the convenience or bene- 
fit of an employee, including an employee in the Foreign Service of 
the United States, or at his request, his expenses of travel and trans- 
portation and the expenses of transporting, packing, crating, tempo- 
rarily storing, draying, and unpacking of household goods and per- 
sonal effects may not be allowed or paid from Government funds. 

(i) An agency may pay travel and transportation expenses (includ- 
ing storage of household goods and personal effects) and other relo- 
cation allowances under this section and sections 5724a and 5726(c) of 
this title when an employee is transferred within the continental 
United States only after the employee agrees in writing to remain in 
the Government service for 12 months after his transfer, unless sepa- 
rated for reasons beyond his control that are acceptable to the agency 
concerned. If the employee violates the agreement, the money spent 
by the United States for the expenses and allowances is recoverable 
from the employees as a debt due the United States. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 502, amended Pub. L. 90-83, § 1(36), Sept. 11, 
1967, 81 Stat, 204; Pub. L. 90-623, §1(14), Oct. 22, 1968, 82 Stat, 
1313.) 

§ 5724a. Relocation expenses of employees transferred or re- 
employed 

(a) Under such regulations as the President may prescribe and to 
the extent considered necessary and appropriate, as provided therein, 
appropriations or other funds available to an agency for administra- 
tive expenses are available for the reimbursement of all or part of the 
following expenses of an employee for whom the Government pays 
expenses of travel and transportation under section 5724(a) of this 
title: 

(1) Expenses of per diem allowance instead of the subsistence 
expenses of the immediate family of the employee while en route 



35-550 O - 79 - 21 



Sec. 5724a 302 

between his old and new official stations, not in excess of the 
maximum per diem rates prescribed by or under section 5702 of 
this title. 

(2) Expenses of per diem allowance instead of subsistence of 
the employee and his spouse, not in excess of the maximum per 
diem rates prescribed by or under section 5702 of this title. Ex- 
penses of transportation to seek permanent residence quarters at 
a new official station when both the old and new stations are 
located within the continental United States. However, expenses 
under this paragraph may be allowed only for one round trip in 
connection with each change of station of the employee. 

(3) Subsistence expenses of the employee and his immediate 
family for a period of 30 days while occupying temporary quar- 
ters when the new official station is located within the United 
States, its territories or possessions, the Commonwealth of Puerto 
Rico, or the Canal Zone. The period of residence in temporary 
quarters may be extended for an additional 30 days when the 
employee moves to or from Hawaii, Alaska, the territories or 
possessions, the Commonwealth of Puerto Kico, or the Canal Zone. 
The regulations shall prescribe average daily rates for subsistence 
expenses per individual, not in excess of the maximum per diem 
rates prescribed by or under section 5702 of this title, for the 
location in which the temporary quarters are located. Reimburse- 
ment for subsistence expenses actually incurred may not exceed 
these daily rates for the first 10 days of the period, two-thirds of 
the rates for the second 10 days, and one-half of the rates for the 
balance of the period, including the additional 30 days. 

(4) Expenses of the sale of the residence (or the settlement of 
an unexpired lease) of the employee at the old station and pur- 
chase of a home at the new official station required to be paid by 
him when the old and new official stations are located within the 
United States, its territories or possessions, the Commonwealth 
of Puerto Rico, or the Canal Zone. However, reimbursement for 
brokerage fees on the sale of the residence and other expenses 
under this paragraph may not exceed those customarily charged 
in the locality where the residence is located, and reimbursement 
may not be made for losses on the sale of the residence. This para- 
graph applies regardless of whether title to the residence or the 
unexpired lease is in the name of the employee alone, in the joint 
names of the employee and a member of his immediate family, or 
in the name of a member of his immediate family alone. 

(b) Under such regulations as the President may prescribe and to 
the extent considered necessary and appropriate, as provided therein, 
and notwithstanding other reimbursement authorized under this sub- 
chapter, an employee who is reimbursed under subsection (a) of this 
section or section 5724(a) of this title is entitled to — 

(1) an amount not to exceed 2 weeks' basic pay, if he has an 
immediate family ; or 

(2) an amount not to exceed 1 week's basic pay, if he does not 
have an immediate family. 



303 Sec. 5725 

However, the amounts may not exceed amounts determined from the 
maximum rate for GS-13. 

(c) Under such regulations as the President may prescribe, a 
former employee separated by reason of reduction in force or transfer 
of function who within 1 year after the separation is reemployed by a 
nontemporary appointment at a different geographical location from 
that where the separation occurred may be allowed and paid the 
expenses authorized by sections 5724, 5725, 5726(b), and 5727 of this 
title, and may receive the benefits authorized by subsections (a) and 
(b) of this section, in the same manner as though he had been trans- 
ferred in the interest of the Government without a break in service to 
the location of reemployment from the location where separated. 
(Added Pub. L. 90-83, § 1(37) (A), Sept. 11, 1967, 81 Stat. 204.) 

§5725. Transportation expenses; employees assigned to danger 
areas 

(a) When an employee of the United States is on duty, or is trans- 
ferred or assigned to duty, at a place designated by the head of the 
agency concerned as inside a zone — 

(1) from which his immediate family should be evacuated; or 

(2) to which they are not permitted to accompany him; 
because of military or other reasons which create imminent danger 
to life or property, or adverse living conditions which seriously affect 
the health, safety, or accommodations of the immediate family, Gov 
ernment funds may be used to transport his immediate family and 
household goods and personal effects, under regulations prescribed 
by the head of the agency, to a location designated by the employee. 
When circumstances prevent the employee from designating a loca- 
tion, or it is administratively impracticable to determine his intent, 
the immediate family may designate the location. When the desig- 
nated location is inside a zone to which movement of families is pro- 
hibited under this subsection, the employee or his immediate family 
may designate an alternate location. 

(b) When the employee is assigned to a duty station from which 
his immediate family is not excluded by the restrictions in subsection 
(a) of this section, Government funds may be used to transport his 
immediate family and household goods and personal effects from the 
designated or alternate location to the duty station. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat, 503.) 

§5726. Storage expenses; household goods and personal effects 

(a) For the purpose of subsection (b) of this section, "household 
goods and personal effects" means such personal property of an em- 
ployee and his dependents as the President may by regulation author- 
ize to be transported or stored, including, in emergencies, motor ve- 
hicles authorized to be shipped at Government expense. 

(b) Under such regulations as the President may prescribe, an 
employee, including a new appointee and a student trainee to the ex- 
tent authorized by sections 5722 and 5723 of this title, assigned to a 
permanent duty station outside the continental United States may 
be allowed storage expenses and related transportation and other ex- 
penses for his household goods and personal effects when — 



Sec. 5727 304 

(1) the duty station is one to which he cannot take or at which 
he is unable to use his household goods and personal effects; or 

(2) the head of the agency concerned authorizes storage of the 
household goods and personal effects in the public interest or for 
reasons of economy. 

The weight of the household goods and personal effects stored under 
this subsection, together with the weight of property transported 
under section 5724(a), may not exceed 11,000 pounds net weight, ex- 
cluding a motor vehicle described by subsection (a) of this section, 
(c) Under such regulations as the President may prescribe, when 
an employee, including a new appointee and a student trainee to the 
extent authorized by section 5723 of this title, is assigned to a perma- 
nent duty station at an isolated location in the continenal United 
States to which he cannot take or at which he is unable to use his 
household goods and personal effects because of the absence of resi- 
dence quarters at the location, nontemporary storage expenses or stor- 
age at Government expense in Government-owned facilities (includ- 
ing related transportation and other expenses), whichever is more 
economical, may be allowed the employee under regulations prescribed 
by the head of the agency concerned. The weight of property stored 
under this subsection, together with the weight of property trans- 
ported under sections 5723 (a) and 5724 (a) of this title, may not exceed 
the total maximum weight the employee would be entitled to have 
moved. The period of nontemporary storage under this subsection 
may not exceed 3 years. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 554, 
amended Pub. L. 90-83, § 1(38), Sept. 11, 1967, 81 Stat. 205.) 

§ 5727. Transportation of motor vehicles 

(a) Except as specifically authorized by statute, an authorization 
in a statute or regulation to transport the effects of an employee or 
other individual at Government expense is not an authorization to 
transport an automobile. 

(b) Under such regulations as the President may prescribe, the 
privately owned motor vehicle of an employee, including a new ap- 
pointee and a student trainee to the extent authorized by sections 
5722 and 5723 of this title, may be transported at Government expense 
to, from, and between the continental United States and a post of duty 
outside the continental United States, or between posts of duty out- 
side the continental United States when — 

(1) the employee is assigned to the post of duty for other than 
temporary duty ; and 

(2) the head of the agency concerned determines that it is in 
the interest of the Government for the employee to have the use 
of a motor vehicle at the post of duty. 

(c) An employee may transport only one motor vehicle under sub- 
section (b) of this section during a 4-year period, except when the head 
of the agency concerned determines that replacement of the motor 
vehicle during the period is necessary for reasons beyond the control 
of the employee and is in the interest of the Government, and author- 
izes in advance the transportation under subsection (b) of this section 
of one additional privately owned motor vehicle as a replacement. 
When an employee has remained in continuous service outside the 



305 Sec. 5728 

United States during the 4-year period after the date of transportation 
under subsection (b) of this section of his motor vehicle, the head of 
the agency concerned may authorize transportation under subsection 
(b) of this section of a replacement for that motor vehicle. 

(d) When the head of an agency authorizes transportation under 
subsection (b) of this section of a privately owned motor vehicle, the 
transportation may be by — 

(1) commercial means, if available at reasonable rates and 
under reasonable conditions ; or 

( 2 ) Government means on a space-available basis. 

(e) (1) This section, except subsection (a) , does not apply to — 

(A) the Foreign Service of the United States ; or 
( B j the Central Intelligence Agency. 
(2) This section, except subsection (a) , does not affect — 

(A) section 1138 of title 22 ; or 

(B) section 403e (4) of title 50. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 504.) 

§ 5728. Travel and transportation expenses ; vacation leave 

(a) Under such regulations as the President may prescribe, an 
agency shall pay from its appropriations the expenses of round-trip 
travel of an employee, and the transportation of his immediate family, 
but not household goods, from his post of duty outside the continental 
United States to the place of his actual residence at the time of appoint- 
ment or transfer to the post of duty, after he has satisfactorily com- 
pleted an agreed period of service outside the continental United States 
and is returning to his actual place of residence to take leave before 
serving another tour of duty at the same or another post of duty out- 
side the continental United States under a new written agreement 
made before departing from the post of duty. 

(b) Under such regulations as the President may prescribe, an 
agency shall pay from its appropriations the expenses of round-trip 
travel of an employee of the United States appointed by the President, 
by and with the advice and consent of the Senate, for a term fixed by 
statute, and of transportation of his immediate family, but not house- 
hold goods, from his post of duty outside the continental United States 
to the place of his actual residence at the time of appointment to the 
post of duty, after he has satisfactorily completed each 2 years of serv- 
ice outside the continental United States and is returning to his actual 
place of residence to take leave before serving at least 2 more years of 
duty outside the continental United States. 

(c) This section does not apply to appropriations for the Foreign 
Service of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
505.) 

§ '5729. Transportation expenses ; prior return of family 

(a) Under such regulations as the President may prescribe, an 
agency shall pay from its appropriations, not more than once before 
the return to the United States or its territories or possessions of an 
employee whose post of duty is outside the continental United States, 
the expenses of transporting his immediate family and of shipping his 
household goods and personal effects from his post of duty to his actual 
place of residence when — 



Sec. 5730 306 

(1) he has acquired eligibility for that transportation ; or 

(2) the public interest requires the return of the immediate 
family for compelling personal reasons of a humanitarian or com- 
passionate nature, such as may involve physical or mental health, 
death of a member of the immediate family, or obligation imposed 
by authority or circumstances over which the individual has no 
control. 

(b) Under such regulations as the President may prescribe, an 
agency shall reimburse from its appropriations an employee whose 
post of duty is outside the continental United States for the proper 
transportation expenses of returning his immediate family and his 
household goods and personal effects to the United States or its terri- 
tories or possessions, when — 

(1) their return was made at the expense of the employee 
before his return and for other than reasons of public interest; 
and 

(2) he acquires eligibility for those transportation expenses. 

(c) This section does not apply to appropriations for the Foreign 
Service of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
505.) 

§5730. Funds available 

Funds available for travel expenses of an employee are available for 
expenses of transportation of his immediate family, and funds avail- 
able for transportation of things are available for transportation of 
household goods and personal effects, as authorized by this subchapter. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506.) 

§ 5731. Expenses limited to lowest first-class rate 

(a) The allowance for actual expenses for transportation may not 
exceed the lowest first-class rate by the transportation facility used 
unless it is certified, in accordance with regulations prescribed by the 
President, that — 

(1) lowest first-class accommodations are not available ; or 

(2) use of a compartment or other accommodation authorized 
or approved by the head of the agency concerned or his designee 
is required for security purposes. 

(b) Instead of the maximum fixed by subsection (a) of this section, 
the allowance to an employee of the United States for actual expenses 
for transportation on an inter-island steamship in Hawaii may not 
exceed the rate for accommodations on the steamship that is equivalent 
as nearly as possible to the rate for the lowest first-class accommoda- 
tions on trans-pacific steamships. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 506.) 

§ 5732. General average contribution ; payment or reimbursement 

Under such regulations as the President may prescribe, appropria- 
tions chargeable for the transportation of baggage and household 
goods and personal effects of employees of the United States, volun- 
teers as defined by section 8142(a) of this title, and members of the 
uniformed services are available for the payment or reimbursement 
of general average contributions required. Appropriations are not 
available for the payment or reimbursement of general average 
contributions — 






307 Sec. 5733 

(1) required in connection with and applicable to quantities of 
baggage and household goods and personal effects in excess of 
quantities authorized by statute or regulation to be transported ; 

(2) when the individual concerned is allowed under statute or 
regulation a commutation instead of actual transportation ex- 
penses; or 

(3) when the individual concerned selected the means of 
shipment. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506.) 

§ 5733. Expeditious travel 

The travel of an employee shall be by the most expeditious means 
of transportation practicable and shall be commensurate with the 
nature and purpose of the duties of the employee requiring such travel. 
(Added Pub. L. 90-206, § 222(c)(1), Dec. 16, 1967, 81 Stat. 641.) 



Sec. 5741 308 



SUBCHAPTEK III— TRANSPORTATION OF REMAINS, 
DEPENDENTS, AND EFFECTS 

§ 5741. General prohibition 

Except as specifically authorized by statute, the head of an Execu- 
tive department or military department may not authorize an expend- 
iture in connection with the transportation of remains of a deceased 
employee. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506.) 

§ 5742. Transportation of remains, dependents, and effects; death 
occurring away from official station or abroad 

(a) For the purpose of this section, "agency ? ' means — 

(1) an Executive agency; 

(2) a military department; 

(3) an agency in the legislative branch; and 

(4) an agency in the judicial branch. 

(b) When an employee dies, the head of the agency concerned, 
under regulations prescribed by the President and, except as otherwise 
provided by law, may pay from appropriations available for the 
activity in which the employee was engaged — 

(1) the expense of preparing and transporting the remains to 
the home or official station of the employee, or such other place 
appropriate for interment as is determined by the head of the 
agency concerned, if death occurred while the employee was in a 
travel status away from his official station in the United States 
or while performing official duties outside the United States or in 
transit thereto or therefrom; and 

(2) the expense of transporting his dependents, including ex- 
penses of packing, crating, draying, and transporting household 
effects and other personal property to his former home or such 
other place as is determined by the head of the agency concerned, 
if death occurred while the employee was performing official 
duties outside the United States or in transit thereto or therefrom. 

(c) When a dependent of an employee dies while residing with the 
employee performing official duties outside the continental United 
States or in Alaska or in transit thereto or therefrom, the head of the 
agency concerned may pay the necessary expenses of transporting the 
remains to the home of the dependent, or such other place appropriate 
for interment as is determined by the head of the agency concerned. 
If practicable, tihe agency concerned in respect of the deceased may 
furnish mortuary services and supplies on a reimbursable basis when — 

(1) local commercial mortuary facilities and supplies are not 
available; or 

(2) the cost of available mortuary facilities and supplies are 
prohibitive in tin* opinion of the head of the agency. 



309 Sec. 5742 

Keimbursement for the cost of mortuary services and supplies fur- 
nished under this subsection shall be collected and credited to current 
appropriations available for the payment of these costs. 

(d) The benefits of this section may not be denied because the de- 
ceased was temporarily absent from duty when death occurred. (Pub. 
L. 89-544, Sept. 6, 1966, 80 Stat, 507.) 



Sec. 5751 310 



SUBCHAPTER IV— MISCELLANEOUS PROVISIONS 
§ 5751. Travel expenses of witnesses 

(a) Under such regulations as the Attorney General may prescribe, 
an employee as defined by section 2105 of this title (except an indi- 
vidual whose pay is disbursed by the Secretary of the Senate or the 
Clerk of the House of Representatives) summoned, or assigned by 
his agency, to testify or produce official records on behalf of the 
United States is entitled to travel expenses under subchapter I of this 
chapter. If the case involves the activity in connection with which 
he is employed, the travel expenses are paid from the appropriation 
otherwise available for travel expenses of the employee under proper 
certification by a certifying official of the agency concerned. If the 
case does not involve its activity, the employing agency may ad- 
vance or pay the travel expenses of the employee, and later obtain 
reimbursement from the agency properly chargeable with the travel 
expenses. 

(b) An employee as defined by section 2105 of this title (except 
an individual whose pay is disbursed by the Secretary of the Senate 
or the Clerk of the House of Representatives) summoned, or assigned 
by his agency, to testify in his official capacity or produce official 
records, on behalf of a party other than the United States, is entitled 
to travel expenses under subchapter I of this chapter, except to the 
extent that travel expenses are paid to the employee for his appear- 
ance by the court, authority, or party which caused him to be sum- 
moned. (Added Pub. L. 91-563, §4(a), Dec. 1970, 84 Stat. 1477.) 

§ 5752. Travel expenses of Senior Executive Service candidates 

Employing agencies may pay candidates for Senior Executive Serv- 
ice positions travel expenses incurred incident to preemployment in- 
terviews requested by the employing agency. (Added, Pub. L. 95-454, 
Oct, 13, 1978, 92 Stat. 1173.) 






CHAPTER 59— ALLOWANCES 

SUBCHAPTER I— UNIFORMS 
Sec. 

5901. Uniform allowances. 

5902. Increase in maximum uniform allowance. 

5903. Regulations. 

SUBCHAPTER II— QUARTERS 

5911. Quarters and facilities ; employees in the United States. 

5912. Quarters in Government owned or rented buildings ; employees in foreign 

countries. 

5913. Official residence expenses. 

SUBCHAPTER III— OVERSEAS DIFFERENTIALS AND ALLOWANCES 

5921. Definitions. 

5922. General provisions. 

5923. Quarters allowances. 

5924. Cost-of-living allowances. 

5925. Post differentials. 

5926. Compensatory time off at certain posts in foreign areas. 

SUBCHAPTER IV— MISCELLANEOUS ALLOWANCES 

5941. Allowances based on living costs and conditions of environment ; em- 

ployees stationed outside continental United States or in Alaska. 

5942. Allowance based on duty at remote worksites. 

5943. Foreign currency appreciation allowances. 

5944. Illness and burial expenses ; native employees in foreign countries. 

5945. Notary public commission expenses. 

5946. Membership fees ; expenses of attendance at meetings ; limitations. 

5947. Quarters, subsistence, and allowances for employees of the Corps of Engi- 

neers, Department of the Army, engaged in floating plant operations. 

5948. Physicians comparability allowances. 

(311) 



Sec. 5901 312 



SUBCHAPTER I— UNIFORMS 

§5901. Uniform allowances 

(a) There is authorized to be appropriated annually to each agency 
of the Government of the United States, including a Government 
owned corporation, and of the government of the District of Columbia, 
on a showing of necessity or desirability, an amount not to exceed $125 
multiplied by the number of employees of the agency who are required 
by regulation or statute to wear a prescribed uniform in the perform- 
ance of official duties and who are not being furnished with the uni- 
form. The head of the agency concerned, out of funds made available 
by the appropriation, shall — 

(1) furnish to each of these employees a uniform at a cost not 
to exceed $125 a year ; or 

(2) pay to each of these employees an allowance for a uniform 
not to exceed $125 a year. 

The allowance may be paid only at the times and in the amounts 
authorized by the regulations prescribed under section 5903 of this 
title. When the agency pays direct to the uniform vendor, the head of 
the agency may deduct a service charge of not more than 4 percent. 

(b) When the furnishing of a uniform or the payment of a uniform 
allowance is authorized under another statute or regulation existing 
on September 1, 1954, the head of the agency concerned may continue 
the furnishing of the uniform or the payment of the uniform allow- 
ance under that statute or regulation, but in that event a uniform may 
not be furnished or allowance paid under this section. 

(c) An allowance paid under this section is not wages within the 
meaning of section 409 of title 42 or chapters 21 and 24 of title 26. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 508, amended Pub. L. 90-83, 
§ 1(39), Sept. 11, 1967, 81 Stat. 206.) 

§ 5902. Increase in maximum uniform allowance 

Notwithstanding section 5901 of this title, each of the respective 
maximum uniform allowances in effect on April 1, 1966, for the re- 
spective categories of employees to whom uniform allowances are paid 
under section 5901 of this title are increased, subject to the maximum 
allowance authorized by section 5901 of this title, as follows : 

(1) If the maximum uniform allowance is $100 or more, it is 
increased by 25 percent. 

(2) If the maximum uniform allowance is $75 or more but 
less than $100, it is increased by 30 percent. 

(3) If the maximum uniform allowance is $50 or more but less 
than $75, it is increased by 35 percent. 

(4) If the maximum uniform allowance is less than $50, it is 
increased by 40 percent. 






313 Sec. 5903 

The maximum uniform allowances, as in effect on April 1, 1966, and 
as increased by this section, may not be reduced. (Added Pub. L. 90- 
83, § 1 (40) (A) , Sept. 11, 1967, 81 Stat. 206.) 

§5903. Regulations 

The Director of the Bureau of the Budget shall prescribe regula- 
tions necessary for the uniform administration of this subchapter. 
(Added Pub. L. 90-83, § 1(40) (A), Sept. 11, 1967, 81 Stat. 206.) 



Sec. 5911 314 



SUBCHAPTER II— QUARTERS 

§ 5911. Quarters and facilities ; employees in the United States 

(a) For the purpose of this section — 

(1) "Government" means the Government of the United 
States ; 

(2) "agency" means an Executive agency, but does not include 
the Tennessee Valley Authority ; 

(3) "employee" means an employee of an agency; 

(4) "United States" means the several States, the District of 
Columbia, and the territories and possessions of the United States 
including the Commonwealth of Puerto Rico ; 

(5) "quarters" means quarters owned or leased by the Govern- 
ment; and 

(6) "facilities" means household furniture and equipment, 
garage space, utilities, subsistence, and laundry service. 

(b) The head of an agency may provide, directly or by contract, 
an employee stationed in the United States with quarters and facili- 
ties, when conditions of employment or of availability of quarters 
warrant the action. 

(c) Rental rates for quarters provided for an employee under sub- 
section (b) of this section or occupied on a rental basis by an employee 
or member of a uniformed service under any other provision of stat- 
ute, and charges for facilities made available in connection with the 
occupancy of the quarters, shall be based on the reasonable value of the 
quarters and facilities to the employee or member concerned, in the 
circumstances under which the quarters and facilities are provided, 
occupied, or made available. The amounts of the rates and charges 
shall be paid by, or deducted from the pay of, the employee or member 
of a uniformed service, or otherwise charged against him in accord- 
ance with law. The amounts of payroll deductions for the rates and 
charges shall remain in the applicable appropriation or fund. When 
payment of the rates and charges is made by other than payroll de- 
ductions, the amounts of payment shall be credited to the Govern- 
ment as provided by law. 

(d) When, as an incidental service in support of a program of the 
Government, quarters and facilities are provided by appropriate au- 
thority of the Government to an individual other than an employee 
or member of a uniformed service, the rates and charges therefor shall 
be determined in accordance with this section. The amounts of pay- 
ment of the rates and charges shall be credited to the Government as 
provided by law. 

(e) The head of an agency may not require an employee or member 
of a uniformed service to occupy quarters on a rental basis, unless the 
agency head determine that necessary service cannot be rendered, or 



; 



315 Sec. 5912 

that property of the Government cannot adequately be protected, 
otherwise. 

(f) The President may prescribe regulations governing the pro- 
vision, occupancy, and availability of quarters and facilities, the de- 
termination of rates and charges therefor, and other related matters, 
necessary and appropriate to carry out this section. The head of each 
agency may prescribe regulations, not inconsistent with the regula- 
tions of the President, necessary and appropriate to carry out the 
functions of the agency head under this section. 

(g) Subsection (c) of this section does not repeal or modify any 
provision of statute authorizing the provision of quarters or facilities, 
either without charge or at rates or charges specifically fixed by stat- 
ute. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 508.) 

§5912. Quarters in Government owned or rented buildings; em- 
ployees in foreign countries 

Under regulations prescribed by the head of the agency concerned 
and approved by the President, an employee who is a citizen of the 
United States permanently stationed in a foreign country may be 
furnished, without cost to him, living quarters, including heat, fuel, 
and light, in a Government owned or rented building. The rented 
quarters may be furnished only within the limits of appropriations 
made therefor. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 509.) 

§ 5913. Official residence expenses 

(a) For the purpose of this section, "agency" has the meaning given 
it by section 5721 of this title. 

(b) Under such regulations as the President may prescribe, funds 
available to an agency for administrative expenses may be alloted to 
posts in foreign countries to defray the unusual expenses incident to 
the operation and maintenance of official residences suitable for — 

(1) the chief representatives of the United States at the posts; 
and 

(2) such other senior officials of the Government of the United 
States as the President may designate. 

(Pub. L. 89-544, Sept. 6, 1966, 80 Stat. 510.) 



Sec. 5921 316 



SUBCHAPTER III— OVERSEAS DIFFERENTIALS AND 

ALLOWANCES 
§ 5921. Definitions 

For the purpose of this subchapter — 

( 1 ) "Government" means the Government of the United States ; 

(2) "agency" means an Executive agency and the Library of 
Congress, but does not include a Government controlled corpora- 
tion; 

(3) "employee" means an employee in or under an agency and 
more specifically defined by regulations prescribed by the Presi- 
dent; 

(4) "United States", when used in a geographical sense, means 
the several States and the District of Columbia ; 

(5) "continental United States" means the several States and 
the District of Columbia, but does not include Alaska or Hawaii ; 
and 

(6) "foreign area" means — 

(A) the Trust Territory of the Pacific Islands; and 

(B) any other area outside the United States, the Com- 
monwealth of Puerto Rico, the Canal Zone, and territories 
and possessions of the United States. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 510.) 

§ 5922. General provisions 

(a) Notwithstanding section 5536 of this title and except as other- 
wise provided by this subchapter, the allowances and differentials au- 
thorized by this subchapter may be granted to an employee officially 
stationed in a foreign area — 

( 1 ) who is a citizen of the United States ; and 

(2) whose rate of basic pay is fixed by statute or, without 
taking into consideration the allowances and differentials pro- 
vided by this subchapter, is fixed by administrative action pur- 
suant by law or is fixed administratively in conformity with rates 
paid by the Government for work of a comparable level of diffi- 
culty and responsibility in the continental United States. 

To the extent authorized by a provision of statute other than this 
subchapter, the allowances and differentials provided by this sub- 
chapter may be paid to an employee officially stationed in a foreign 
area who is not a citizen of the United States. 

(b) Allowances granted under this subchapter may be paid in ad- 
vance, or advance of funds may be made therefor, through the proper 
disbursing official in such sums as are considered advisable in con- 
sideration of the need and the period of time during which expendi- 
tures must be made in advance by the employee. An advance of funds 



317 Sec. 5923 

not subsequently covered by allowances accrued to the employee under 
this subchapter is recoverable by the Government by — 

(1) setoff against accrued pay, compensation, amount of re- 
tirement credit, or other amount due the employees from the Gov- 
ernment; and 

(2) such other method as is provided by law for the recovery 
of amounts owing to the Government. 

The head of the agency concerned, under regulations of the President, 
may waive in whole or in part a right of recovery under this subsec- 
tion, if it is shown that the recovery would be against equity and good 
conscience or against the public interest. 

(c) The allowances and differentials authorized by this subchapter 
shall be paid under regulations prescribed by the President 
governing — 

(1) payments of the allowances and differentials and the re- 
spective rates at which the payments are made ; 

(2) the foreign areas, the groups of positions, and the cate- 
gories of employees to which the rates apply ; and 

(3) other related matters. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 510.) 

§5923. Quarters allowances 

When Government owned or rented quarters are not provided with- 
out charge for an employee in a foreign area, one or more of the fol- 
lowing quarters allowances may be granted when applicable : 

( 1 ) A temporary lodging allowance for the reasonable cost of 
temporary quarters incurred by the employee and his family — 

(A) for a period not in excess of 3 months after first ar- 
rival at a new post of assignment in a foreign area or a period 
ending with the occupation of residence quarters, whichever 
is shorter ; and 

(B) for a period of not more than 1 month immediately 
before final departure from the post after the necessary evac- 
uation of residence quarters. 

(2) A living quarters allowance for rent, heat, light, fuel, gas, 
electricity, and water, without regard to section 529 of title 31. 

(3) Under unusual circumstances, payment or reimbursement 
for extraordinary, necessary, and reasonable expenses, not other- 
wise compensated for, incurred in initial repairs, alterations, and 
improvements to the privately leased residence of an employee 
at a post of assignment in a foreign area, if — 

(A) the expenses are administratively approved in ad- 
vance; and 

(B) the duration and terms of the lease justify payment 
of the expenses by the Government. 

(Pub. L. 89-554, Sept, 6, 1966, 80 Stat, 511.) 

§ 5924. Cost-of-living allowances 

The following cost-of-living allowances may be granted, when ap- 
plicable, to an employee in a foreign area : 

(1) A post allowance to offset the difference between the cost 
of living at the post of assignment of the employee in a foreign 
area and the cost of living in the District of Columbia. 



35-550 O - 79 - 22 



Sec. 5924 318 

(2) A transfer allowance for extraordinary, necessary, and 
reasonable expenses, not otherwise compensated for, incurred by 
an employee incident to establishing himself at a post of assign- 
ment in — 

(A) a foreign area; or 

(B) the United States between assignments to posts in 
foreign areas. 

(3) A separate maintenance allowance to assist an employee 
who is compelled, because of dangerous, notably unhealthful, or 
excessively adverse living conditions at the employee's post of 
assignment in a foreign area, or for the convenience of the Gov- 
ernment, to meet the additional expenses of maintaining, else- 
where than at the post, the employee's spouse or dependents, or 
both. 

(4) An education allowance or payment of travel costs to assist 
an employee with the extraordinary and necessary expenses, not 
otherwise compensated for, incurred because of his service in a 
foreign area or foreign areas in providing adequate education for 
his dependents, as follows : 

(A) An allowance not to exceed the cost of obtaining such 
kindergarten, elementary and secondary educational services 
as are ordinarily provided without charge by the public 
schools in the United States, plus, in those cases when ade- 
quate schools are not available at the post of the employee, 
board and room, and periodic transportation between that 
post and the nearest locality where adequate schools are avail- 
able, without regard to section 529 of title 31. The amount 
of the allowance granted shall be determined on the basis of 
the educational facility used. 

(B) The travel expenses of dependents of an employee to 
and from a school in the United States to obtain an American 
secondary or undergraduate college education, not to exceed 
one annual trip each way for each dependent of an em- 
ployee of the Department of State or the United States In- 
formation Agency, or one trip each way for each dependent 
of any other employee for the purpose of obtaining each 
type of education. An allowance payment under subpara- 
graph (A) of this paragraph (4) may not be made for a 
dependent during the 12 months following his arrival in 
the United States for secondary education under authority 
contained in this subparagraph (B). Notwithstanding sec- 
tion 5921(6) of this title, travel expenses, for the purpose of 
obtaining undergraduate college education, may be author- 
ized under this subparagraph (B), under such regulations as 
the President may prescribe, for dependents of employees 
who are citizens of the United States stationed in the Canal 
Zone. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 511, amended Pub. L. 92-187, 
§2, Dec. 15, 1971, 85 Stat. 644; Pub. L. 93-126, § 12, Oct. 18, 1973, 87 
Stat. 454; Pub. L. 93-475, § 13, Oct. 26, 1974, 88 Stat. 1443.) 



319 Sec. 5925 

§5925. Post differentials 

A post differential may be granted on the basis of conditions of en- 
vironment which differ substantially from conditions of environment 
in the continental United States and warrant additional pay as a re- 
cruitment and retention incentive. A post differential may be granted 
to an employee officially stationed in the United States who is on ex- 
tended detail in a foreign area. A post differential may not exceed 25 
percent of the rate of basic pay. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 512.) 

§5926. Compensatory time off at certain posts in foreign areas 

(a) Under regulations prescribed pursuant to this subchapter, and 
notwithstanding subchapter V of chapter 55 of this title or any other 
law, the head of an agency may, on request of an employee serving 
in a foreign area — 

(1) at an isolated post performing functions required to be 
maintained on a substantially continuous basis, grant the employee 
compensatory time off for an equal amount of time spent in regu- 
larly scheduled overtime work ; or 

(2) at a post in a locality that customarily observes irregular 
hours of work or where other special conditions are present, in 
order to cope with those special circumstances, grant the employee 
compensatory time off for an equal amount of time spent in regu- 
larly scheduled overtime work for use during the pay period in 
which it is earned. 

Credit for compensatory time off earned under paragraph (2) shall 
not form the basis for any additional compensation. 

(b) Compensatory time earned under this section shall be for use 
only while the employee is assigned to the post where it is earned. Any 
such compensatory time not used at the time the employee is reassigned 
to another post shall be forfeited. (Pub. L. 95-426, Oct. 7, 1978, 92 
Stat. 980.) 



Sec. 5941 320 



SUBCHAPTER IV— MISCELLANEOUS ALLOWANCES 

§'5941. Allowances based on living costs and conditions of envi- 
ronment; employees stationed outside continental 
United States or in Alaska 

(a) Appropriations or funds available to an Executive agency, ex- 
cept a Government controlled corporation, for pay of employees sta- 
tioned outside the continental United States or in Alaska whose rates 
of basic pay are fixed by statute, are available for allowances to these 
employees. The allowance is based on — 

(1) living costs substantially higher than in the District of 
Columbia ; 

(2) conditions of environment which differ substantially from 
conditions of environment in the continental United States and 
warrant an allowance as a recruitment incentive ; or 

(3) both of these factors. 

The allowance may not exceed 25 percent of the rate of basic pay. Ex- 
cept as otherwise specifically authorized by statute, the allowance is 
paid only in accordance with regulations prescribed by the President 
establishing the rates and defining the area, groups of positions, and 
classes of employees to which each rate applies. 

(b) An employee entitled to a cost-of-living allowance under sec- 
tion 5924 of this title may not be paid an allowance under subsection 
(a) of this section based on living costs substantially higher than in 
the District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 512.) 

§ 5$42. Allowance based on duty at remote worksites 

Notwithstanding section 5536 of this title, an employee of an Execu- 
tive department or an independent establishment who is assigned to 
duty, except temporary duty, at a site so remote from the nearest 
established communities or suitable places of residence as to require 
an appreciable degree of expense, hardship, and inconvenience, be- 
yond that normally encountered in metropolitan commuting, on the 
part of the employee in commuting to and from his residence and such 
worksite, is entitled, in addition to pay otherwise due him, to an allow- 
ance of not to exceed $10 a day. The allowance shall be paid under 
regulations prescribed by the President establishing the rates at which 
the allowance will be paid and defining and designating those sites, 
areas, and groups of positions to which the rates apply. (Pub. L. 89- 
554, Sept. 6, 1966, 80 Stat. 513, amended Pub. L. 90-83, § 1(41), Sept. 
11, 1967, 81 Stat. 207; Pub. L. 91-656, § 6(a), Jan. 8, 1971, 84 Stat. 
1953.) 

§5943. Foreign currency appreciation allowances 

(a) The President, under such regulations as he may prescribe and 
on recommendation of the Director of the Bureau of the Budget, 
may meet losses sustained by employees and members of the uni- 
formed services while serving in a foreign country due to the appre- 



321 Sec. 5944 

ciation of foreign currency in its relation to the American dollar. 
Allowances and expenditures under this section are not subject to 
income taxes. 

(b) Annual appropriations are authorized to carry out subsection 
(a) of this section and to cover any deficiency in the accounts of the 
Secretary of the Treasury, including interest, arising out of the 
arrangement approved by the President on July 27, 1933, for the con- 
version into foreign currency of checks and drafts of employees and 
members of the uniformed services for pay and expenses. 

(c) Payment under subsection (a) of this section may not be made 
to an employee or member of a uniformed service for a period during 
which his check or draft was converted into foreign currency under the 
arrangement referred to by subsection (b) of this section. 

(d) The Director of the Bureau of the Budget shall report annually 
to Congress all expenditures made under this section. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 513.) 

§5944. Illness and burial expenses; native employees in foreign 
countries 

(a) The head of an Executive department or military department 
which maintains a permanent staff of employees in foreign countries 
may pay the burial expenses and expenses in connection with the last 
illness and death of a native employee of his department in a country 
in which the Secretary of State determines it is customary for employ- 
ers to pay these expenses. Payment of these expenses may not exceed 
$100 in any one case. 

(b) The head of an Executive department or military department 
which maintains a permanent staff of employees in foreign countries 
in which the custom referred to by subsection (a) of this section does 
not exist, on finding that the immediate family of the deceased is desti- 
tute, may pay such of the expenses referred to by subsection (a) of 
this section within the limitations in that subsection to the family, 
heirs at law, or persons responsible for the debts of the deceased, as the 
employee in charge of the office abroad in which the deceased was 
employed considers proper. 

(c) Payments under this section are made from appropriations 
available to the department concerned for miscellaneous or contin- 
gent expenses. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 513.) 

§5945. Notary public commission expenses 

An employee as defined by section 2105 of this title or an individual 
employed by the government of the District of Columbia who is 
required to serve as a notary public in connection with the performance 
of official business is entitled to an allowance, established by the agency 
concerned, not in excess of the expense required to obtain the commis- 
sion. Funds available to an agency concerned for personal services or 
general administrative expenses are available to carry out this section. 
(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 514.) 

§5946. Membership fees; expenses of attendance at meetings; 
limitations 

Except as authorized by a specific appropriation, by express terms 



Sec. 5947 322 

in a general appropriation, or by sections 4109 and 4110 of this title, 
appropriated funds may not be used for payment of — 

(1) membership fees or dues of an employee as defined by sec- 
tion 2105 of this title or an individual employed by the government 
of the District of Columbia in a society or association ; or 

(2) expenses of attendance of an individual at meetings or con- 
ventions of members of a society or association. 

This section does not prevent the use of appropriations for the Depart- 
ment of Agriculture for expenses incident to the delivery of lectures, 
the giving of instructions, or the acquiring of information at meetings 
by its employees on subjects relating to the authorized work of the 
Department. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 514.) 

§5947. Quarters, subsistence, and allowances for employees of 
the Corps of Engineers, Department of the Army, en- 
gaged in floating plant operations 

(a) An employee of the Corps of Engineers, Department of the 
Army, engaged in floating plant operations may be furnished quarters 
or subsistence, or both, on vessels, without charge, when the furnishing 
of the quarters or subsistence, or both, is determined to be equitable to 
the employee concerned, and necessary in the public interest, in connec- 
tion with such operations. 

(b) Notwithstanding section 5536 of this title, an employee entitled 
to the benefits of subsection (a) of this section while on a vessel, may 
be paid, in place of these benefits, an allowance for quarters or subsis- 
tence, or both, when — 

(1) adverse weather conditions or similar circumstances beyond 
the control of the employee or the Corps of Engineers prevent 
transportation of the employee from shore to vessel ; or 

(2) quarters or subsistence, or both, are not available on the 
vessel while it is undergoing repairs. 

(c) The quarters or subsistence, or both, or allowance in place 
thereof, may be furnished or paid only under regulations prescribed 
by the Secretary of the Army. (Added Pub. L. 91-656, § 7(a) , Jan. 8, 
1971, 84 Stat. 1954.) 

§ 5&48. Physicians comparability allowances 

(a) Notwithstanding any other provision of law, and in order to 
recruit and retain highly qualified Government physicians, the head of 
an agency, subject to the provisions of this section and such regulations 
as the President or his designee may prescribe, may enter into a service 
agreement with a Government physician which provides for such 
physician to complete a specified period of service in such agency in 
return for an allowance for the duration of such agreement in an 
amount to be determined by the agency head and specified in the agree- 
ment, but not to exceed — 

(1) $7,000 per annum if, at the time the agreement is entered 
into, the Government physician has served as a Government 
physician for twenty- four months or less, or 

(2) $10,000 per annum if the Government physician has served 
as a Government physician for more than twenty-four months. 

(b) An allowance may not be paid pursuant to this section to any 
physician who — 



323 Sec. 5948 

(1) is employed on less than a half-time or intermittent basis, 

(2) occupies an internship or residency training position, 

(3) is a reemployed annuitant, or 

(4) is fulfilling a scholarship obligation. 

(c) The head of an agency, pursuant to such regulations, criteria, 
and conditions as the President or his designee may prescribe, shall 
determine categories of positions applicable to physicians in such 
agency with respect to which there is a significant recruitment and re- 
tention problem. Only physicians serving in such positions shall be eli- 
gible for an allowance pursuant to this section. The amounts of each 
such allowance shall be determined by the agency head, subject to such 
regulations, criteria, and conditions as the President or his designee 
may prescribe, and shall be the minimum amount necessary to deal 
with the recruitment and retention problem for each such category of 
physicians. 

(d) Any agreement entered into by a physician under this section 
shall be for a period of one year of service in the agency involved unless 
the physician requests an agreement for a longer period of service. Xo 
agreement shall be entered into under this section later than Septem- 
ber 30, 1979, nor shall any agreement cover a period of service extend- 
ing beyond September 30, 1981. 

(e) Unless otherwise provided for in the agreement under subsec- 
tion (f) of this section, an agreement under this section shall provide 
that the physician, in the event that such physician voluntarily, or 
because of misconduct, fails to complete at least one year of service pur- 
suant to such agreement, shall be required to refund the total amount 
received under this section, unless the head of the agency, pursuant to 
such regulations as may be prescribed under this section by the Presi- 
dent or his designee, determines that such failure is necessitated by 
circumstances beyond the control of the physician. 

(f) Any agreement under this section shall specify, subject to such 
regulations as the President or his designee may prescribe, the terms 
under which the head of the agency and the physician may elect to 
terminate such agreement, and the amounts, if any, required to be 
refunded by the physician for each reason for termination, 
(g) For the purpose of this section — 

(1) "Government physician" means any individual employed 
as a physician who is paid under — 

(A) section 5332 of this title, relating to the General 
Schedule ; 

(B) section 5361 of this title, or similar statutory author- 
ity, relating to administratively determined pay for certain 
specially qualified scientific or profesional personnel; 

(C) section 3 of the Tennessee Valley Authority Act of 
1933 (16 U.S.C. 831b), relating to the Tennessee Valley 
Authority ; 

(D) title 4 of the Foreign Service Act of 1946 (22 U.S.C. 
861-890), relating to the Foreign Service; 

(E) section 10 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403 j), relating to the Central Intelligence 
Agency; 



Sec. 5948 324 

(F) section 121 of title 2 of the Canal Zone Code, relating 
to the Canal Zone Government and the Panama Canal Com- 
pany ; or 

(G) section 2 of the Act of May 29, 1959 (Public Law 
86-36, as amended, 50 U.S.C. 402 note), relating to the 
National Security Agency ; and 

(2) "agency'' means an Executive agency, as defined in sec- 
tion 105 of this title, and the District of Columbia government. 

(h)(1) Any allowance paid under this section shall not be con- 
sidered as basic pay for the purposes of subchapter VI and section 
5595 of chapter 55, chapter 81, 83, or 87 of this title, or other benefits 
related to basic pay. 

(2) Any allowance under this section for a Government physician 
shall be paid in the same manner and at the same time as the physi- 
cian's basic pay is paid. 

(i) Any regulations, criteria, or conditions that may be prescribed 
under this section by the President or his designee shall not be appli- 
cable to the Tennessee Valley Authority, and the Tennessee Valley 
Authority shall have sole responsibility for administering the pro- 
visions of this section with respect to Government physicians employed 
by the Authority. (Added, Pub. L. 95-603, Nov. 6, 1978, 92 Stat. 3018.) 



' 



325 Sec. 6101 



Subpart E — Attendance and Leave 
CHAPTER 61— HOURS OF WORK 

Sec. 

6101. Basic 40-hour workweek; work schedules; regulations. 

6102. [Repealed.] 
610&. Holidays. 

6104. Holidays ; daily, hourly, and piece-work basis employees. 

6105. Closing of Executive departments. 

6106. Time clocks; restrictions. 

§6101. Basic 40-hour workweek; work schedules; regulations 

(a) (1) For the purpose of this subsection, "employee" includes an 
employee of the government of the District of Columbia and an em- 
ployee whose pay is fixed and adjusted from time to time under section 
5343 or 5349 of this title, or by a wage board or similar administrative 
authority serving the same purpose, but does not include an employee 
or individual excluded from the definition of employee in section 
5541(2) of this title, except as specifically provided under this 
paragraph. 

(2) The head of each Executive agency, military department, and 
of the government of the District of Columbia shall — 

(A) establish a basic administrative workweek of 40 hours for 
each full-time employee in his organization ; and 

(B) require that the hours of work wdthin that workweek be 
performed within a period of not more than 6 of any 7 consecutive 
days. 

(3) Except when the head of an Executive agency, a military de- 
partment, or of the government of the District of Columbia determines 
that his organization would be seriously handicapped in carrying out 
its functions or that costs would be substantially increased, he shall 
provide, with respect to each employee in his organization, that — 

(A) assignments to tours of duty are scheduled in advance over 
periods of not less than 1 week ; 

(B) the basis 40-hour workweek is scheduled on 5 days, Mon- 
day through Friday when possible, and the 2 days outside the basic 
workweek are consecutive ; 

(C) the working hours in each day in the basic workweek are 
the same ; 

(D) the basic nonovertime workday may not exceed 8 hours; 

(E) the occurrence of holidays may not affect the designation of 
the basic workweek ; and 

(F) breaks in working hours of more than 1 hour may not be 
scheduled in a basic workday. 

(4) Notwithstanding paragraph (3) of this subsection, the head of 
an Executive agency, a military department, or of the government of 
the District of Columbia may establish special tours of duty, of not 
less than 40 hours, to enable employees to take courses in nearby col- 



Sec. 6102 326 

leges, universities, or other educational institutions that will equip a 
them for more effective work in the agency. Premium pay may not be % 
paid to an employee solely because his special tour of duty established 
under this paragraph results in his working on a day or at a time of 
day for which premium pay is otherwise authorized. 

(5) The Architect of the Capitol may apply this subsection to em- 
ployees under the Office of the Architect of the Capitol or the Botanic 
Garden. The Librarian of Congress may apply this subsection to em- 
ployees under the Library of Congress. 

(b) (1) For the purpose of this subsection, "agency" and "em- J 
ployee ; ' have the meanings given them by section 5541 of this title. 

(2) To the maximum extent practicable, the head of an agency shall 
schedule the time to be spent by an employee in a travel status away 
from his official duty station within the regularly scheduled workweek 
of the employee. 

(c) The Office of Personnel Management may prescribe regulations, 
subject to the approval of the President, necessary for the administra- 
tion of this section insofar as this section affects employees in or under 
an Executive agency. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 514, 
amended Pub. L. 90-83, § 1(43), Sept. 11, 1967, 81 Stat. 207; Pub. L. 
92-392, § 6, Aug. 19, 1972, 86 Stat. 573 ; Pub. L. 94r-183, § 2 (25) , Dec. 31, 
1975, 89 Stat. 1058; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§ 6102. Repealed. Pub. L. 92-392, § 7, Aug. 19, 1972, 86 Stat. 573 

§6103. Holidays 

(a) The following are legal public holidays : A 
New Year's Day, January 1. 

Washington's Birthday, the third Monday in February. 

Memorial Day, the last Monday in May. 

Independence Day, July 4. 

Labor Day, the first Monday in September. 

Columbus Day, the second Monday in October. 

Veterans Day, November 11. 

Thanksgiving Day, the fourth Thursday in November. 

Christmas Day, December 25. 

(b) For the purpose of statutes relating to pay and leave of em- 
ployees, with respect to a legal public holiday and any other day de- 
clared to be a holiday by Federal statute or Executive order, the 
following rules apply : 

(1) Instead of a holiday that occurs on a Saturday, the Friday 
immediately before is a legal public holiday for — 

(A) employees whose basic workweek is Monday through 
Friday ; and 

(B) the purpose of section 6309 of this title. 

(2) Instead of a holiday that occurs on a regular weekly non- 
workday of an employee whose basic workweek is other than 
Monday through Friday, except the regular weekly nonworkday 
administratively scheduled for the employee instead of Sunday, 
the workday immediately before that regular weekly nonworkday 
is a legal public holiday for the employee. 



' 



327 Sec. 6104 

I This subsection, except subparagraph (B) of paragraph (1), does 
not apply to an employee whose basic workweek is Monday through 
Saturday. 

(c) January 20 of each fourth year after 1965, Inauguration Day, 
is a legal public holiday for the purpose of statutes relating to pay and 
leave of employees as denned by section 2105 of this title and indi- 
viduals employed by the government of the District of Columbia em- 
ployed in the District of Columbia, Montgomery and Prince Georges 
Counties in Maryland, Arlington and Fairfax Counties in Virginia, 
and the cities of Alexandria and Falls Church in Virginia. When 
January 20 of any fourth year after 1965 falls on Sunday, the next 
succeeding day selected for the public observance of the inauguration 
of the President is a legal public holiday for the purpose of his sub- 
section. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 515, amended Pub. L. 
90-363, § 1 (a) , June 28, 1968, 82 Stat. 250 ; Pub. L. 94-97, Sept. 18, 1975, 
89 Stat. 479.) 

§ 6104. Holidays ; daily, hourly, and piece-work basis employees 

When a regular employee as defined by section 2105 of this title or 
an individual employed regularly by the government of the District 
of Columbia, whose pay is fixed at a daily or hourly rate, or on a piece- 
work basis, is relieved or prevented from working on a day — 

(1) on which agencies are closed by Executive order, or, for 
individuals employed by the government of the District of Colum- 
bia, by order of the Commissioner ; 

1(2) by administrative order under regulations issued by the 
President, or, for individuals employed by the government of the 
District of Columbia, by the District of Columbia Council ; or 
(3) solely because of the occurrence of a legal public holiday 
under section 6103 of this title, or a day declared a holiday by 
Federal statute, Executive order, or, for individuals employed 
by the government of the District of Columbia, by order of the 
Commissioner ; 
he is entitled to the same pay for that day as for a day on which an 
ordinary day's work is performed. (Pub. L. 89-554, Sept, 6, 1966, 80 
Stat. 516, amended Pub. L. 90-623, § 1(15), Oct. 22, 1968, 82 Stat. 
1313.) 

§6105. Closing of Executive departments 

An Executive department may not be closed as a mark to the 
memory of a deceased former official of the United States. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 516.) 

§6106. Time clocks; restrictions 

A recording clock may not be used to record time of an employee 
of an Executive department in the District of Columbia. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 516.) 



i 



CHAPTER 63— LEAVE 

SUBCHAPTER I— ANNUAL AND SICK LEAVE 

Definitions. 

General provisions. 

Annual leave; accrual. 

Annual leave; accumulation. 

Home leave; leave for Chiefs of Missions; leave for crews of vessels. 

Annual leave; refund of lump-sum payment; recredit of annual leave. 

Sick leave ; accrual and accumulation. 

Transfers between positions under different leave systems. 

[Repealed.] 

Leave of absence; aliens. 

Regulations. 

Accrual and accumulation for former ASCS county office employees. 

SUBCHAPTER II— OTHER PAID LEAVE 

Absence of veterans to attend funeral services. 

Leave for jury or witness service ; official duty status for certain witness 

service. 
Military leave ; Reserves and National Guardsmen. 
Absence of certain police and firemen. 
Absence resulting from hostile action abroad. 
Absence in connection with funerals of immediate relatives in the Armed 

Forces. 

(329) 



Sec. 6301 330 



SUBCHAPTER I— ANNUAL AND SICK LEAVE 

§6301. Definitions 

For the purpose of this subchapter — 

(1) "United States", when used in a geographical sense, means 
the several States and the District of Columbia; and 

(2) "employee" means — 

(A) an employee as defined by section 2105 of this title ; and 

(B) an individual employed by the government of the Dis- 
trict of Columbia ; 

but does not include — 

(i) a teacher or librarian of the public schools of the Dis- 
trict of Columbia; 

(ii) a part-time employee who does not have an established 
regular tour of duty during the administrative workweek; 

(iii) a temporary employee engaged in construction work 
at an hourly rate; 

(iv) an employee of the Canal Zone Government or the 
Panama Canal Company when employed on the Isthmus of 
Panama ; 

(v) a physician, dentist, or nurse in the Department of 
Medicine and Surgery, Veterans' Administration; 

(vi) an employee of either House of Congress or of the 
two Houses; 

(vii) an employee of a corporation supervised by the Farm 
Credit Administration if private interests elect or appoint 
a member of the board of directors ; 

(viii) an alien employee who occupies a position outside 
the United States, except as provided by section 6310 of this 
title; 

(ix) a "teacher" or an individual holding a "teaching 
position" as defined by section 901 of title 20; 

(x) an officer in the executive branch or in the government 
of the District of Columbia who is appointed by the Presi- 
dent and whose rate of basic pay exceeds the highest rate 
payable under section 5332 of this title; 

(xi) an officer in the executive branch or in the government 
of the District of Columbia who is designated by the Presi- 
dent, except a postmaster, United States attorney, or United 
States marshal ; 

(xii) an officer who receives pay under section 866 of title 
22; or 

(xiii) an officer in the legislative or judicial branch who is 
appointed by the President. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517, amended Pub. L. 91-375. 
§ 6(c) (17), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-519, Oct. 25, 1978, 
92 Stat. 1819.) 



331 Sec. 6302 

§6302. General provisions 

(a) The days of leave provided by this subchapter are days on which 
an employee would otherwise work and receive pay and are exclusive 
of holidays and non workdays established by Federal statute, Execu- 
tive order, or administrative order. 

(b) For the purpose of this subchapter an employee is deemed em- 
ployed for a full biweekly pay period if he is employed during the 
days within that period, exclusive of holidays and nonworkdays es- 
tablished by Federal statute, Executive order, or administrative order, 
which fall within his basic administrative workweek. 

(c) A part-time employee, unless otherwise excepted, is entitled to 
the benefits provided by subsection (d) of this section and sections 
6303, 6304 (a), (b), 6305(a), 6307, and 6310 of this title on a pro rata 
basis. 

(d) The annual leave provided by this subchapter, including annual 
leave that will accrue to an employee during the year, may be granted 
at any time during the year as the head of the agency concerned may 
prescribe. 

(e) If an officer excepted from this subchapter by section 6301(2) 
(x)-(xiii) of this title, without a break in service, again becomes sub- 
ject to this subchapter on completion of his service as an excepted 
officer, the unused annual and sick leave standing to his credit when he 
was excepted from this subchapter is deemed to have remained to his 
credit. 

(f ) An employee who uses excess annual leave credited because of 
administrative error may elect to refund the amount received for the 
days of excess leave by lump-sum or installment payments or to have 
the excess leave carried forward as a charge against later-accruing 
amiual leave, unless repayment is waived under section 5584 of this 
title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517, amended Pub. L. 
93-181, § 4, Dec. 14, 1973 f 87 Stat. 706; Pub. L. 95-519, Oct. 25, 1978, 
92 Stat, 1819.) 

§ 6303. Annual leave ; accrual 

(a) An employee is entitled to annual leave with pay which accrues 
as follows — 

(1) one-half day for each full biweekly pay period for an 
employee with less than 3 years of service ; 

(2) three-fourths day for each full biweekly pay period, except 
that the accrual for the last full biweekly pay period in the year 
is one and one- fourth days, for an employee with 3 but less than 
15 years of service ; and 

(3) one day for each full biweekly pay period for an employee 
with 15 or more years of service. 

In determining years of service, an employee is entitled to credit for 
all service creditable under section 8332 of this title for the purpose of 
an annuity under subchapter III of chapter 83 of this title. However, 
an employee who is a retired member of a uniformed service as defined 
by section 3501 of this title is entitled to credit for active military 
service only if — 

(A) his retirement was based on disability — 

(i) resulting from injury or disease received in line of duty 
as a direct result of armed conflict ; or 



I 



Sec. 6304 332 

(ii) caused by an instrumentality of war and incurred in 
line of duty during a period of war as denned by sections 101 
and 301 of title 38 ; 

(B) that service was performed in the armed forces during a 
war, or in a campaign or expedition for which a campaign badge 
has been authorized; or 

(C) on November 30, 1964, he was employed in a position to 
which this subchapter applies and thereafter he continued to be 
so employed without a break in service of more than 30 days. 

The determination of years of service may be made on the basis of an 
affidavit of the employee. Leave provided by this subchapter accrues to 
an employee who is not paid on the basis of biweekly pay periods on 
the same basis as it would accrue if the employee were paid on the basis 
of biweekly pay periods. 

(b) Notwithstanding subsection (a) of this section, an employee 
whose current employment is limited to less than 90 days is entitled 
to annual leave under this subchapter only after being currently em- 
ployed for a continuous period of 90 days under successive appoint- 
ments without a break in service. After completing the 90-day period, 
the employee is entitled to be credited with the leave that would have 
accrued to him under subsection (a) of this section except for this 
subsection. 

(c) A change in the rate of accrual of annual leave by an employee 
under this section takes effect at the beginning of the pay period after 
the pay period, or corresponding period for an employee who is not 
paid on the basis of biweekly pay periods, in which the employee I 
completed the prescribed period of service. 

(d) Leave granted under this subchapter is exclusive of time actu- 
ally and necessarily occupied in going to or from a post of duty and 
time necessarily occupied awaiting transportation, in the case of an 
employee — 

(1) to whom section 6304 (b) of this title applies ; 

(2) whose post of duty is outside the United States; and 

(3) who returns on leave to the United States, or to his place of 
residence, which is outside the area of employment, in its terri- 
tories or possessions including the Commonwealth of Puerto Rico. 

This subsection does not apply to more than one period of leave in a 
prescribed tour of duty at a post outside the United States. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 518, amended Pub. L. 93-181, § 2, Dec. 14, 
1973, 87 Stat. 705.) 

§6304. Annual leave; accumulation 

(a) Except as provided by subsections (b) , (d) , (e) , and (f ) of this 
section, annual leave provided by section 6303 of this title, which is not 
used by an employee, accumulates for use in succeeding years, until it 
totals not more than 30 days at the beginning of the first full biweekly 
pay period, or corresponding period for an employee who is not paid 
on the basis of biweekly pay periods, occurring in a year. 

(b) Annual leave not used by an employee of trie Government of 
the United States in one of the following classes of employees stationed 
outside the United States accumulates for use in succeeding years 
until it totals not more than 45 days at the beginning of the first full 



r 



333 Sec. 6304 

I biweekly pay period, or corresponding period for an employee who is 
not paid on the basis of biweekly pay periods, occurring in a year: 

(1) Individuals directly recruited or transferred by the Gov- 
ernment of the United States from the United States or its terri- 
tories or possessions including the Commonwealth of Puerto Rico 
for employment outside the area of recruitment or from which 
transferred. 

(2) Individuals employed locally but — 

(A) (i) who were originally recruited from the United 
States or its territories or possessions including the Common- 
wealth of Puerto Rico but outside the area of employment ; 

(ii) who have been in substantially continuous employ- 
ment by other agencies of the United States, United States 
firms, interests, or organizations, international organizations 
in which the United States participates or foreign govern- 
ments; and 

(iii) whose conditions of employment provide for their 
return transportation to the United States or its territories 
or possessions including the Commonwealth of Puerto Rico ; 
or 

(B) (i) who were at the time of employment temporarily 
absent, for the purpose of travel or formal study, from the 
United States, or from their respective places of residence 
in its territories or possessions including the Commonwealth 
of Puerto Rico; and 

|(ii) who, during the temporary absence, have maintained 
residence in the United States or its territories or possessions 
including the Commonwealth of Puerto Rico but outside the 
area of employment. 

(3) Individuals who are not normally residents of the area 
concerned and who are discharged from service in the armed 
forces to accept employment with an agency of the Government 
of the United States. 

(c) Annual leave in excess of the amount allowable — 

(1) under subsection (a) or (b) of this section which was ac- 
cumulated under earlier statute; or 

(2) under subsection (a) of this section which was accumulated 
under subsection (b) of this section by an employee who becomes 
subject to subsection (a) of this section ; 

remains to the credit of the employee until used. The excess annual 
leave is reduced at the beginning of the first full biweekly pay period, 
or corresponding period for an employee who is not paid on the basis 
of biweekly pay periods, occurring in a year, by the amount of annual 
leave the employee used during the preceding year in excess of the 
amount which accrued during that year, until the employee's accumu- 
lated leaves does not exceed the amount allowed under subsection (a) 
or (b) of this section, as appropriate. 

(d) (1) Annual leave which is lost by operation of this section be- 
cause of — 

(A) administrative error when the error causes a loss of annual 
leave otherwise accruable after June 30, 1960 ; 

(B) exigencies of the public business when the annual leave 
was scheduled in advance; or 



35-550 O - 79 - 23 



Sec. 6305 334 

(C) sickness of the employee when the annual leave was sched- 
uled in advance ; 
shall be restored to the employee. 

(2) Annual leave restored under paragraph (1) of this subsection, 
or under clause (2) of section 5562(a) of this title, which is in excess 
of the maximum leave accumulation permitted by law shall be credited 
to a separate leave account for the employee and shall be available for 
use by the employee within the time limits prescribed by regulations 
of the Office of Personnel Management. Leave credited under this para- 
graph but unused and still available to the employee under the regu- 
lations prescribed by the Office shall be included in the lump-sum pay- 
ment under section 5551 or 5552(1) of this title but may note be re- 
tained to the credit of the employee under section 5552(2) of this title. 

(e) Annual leave otherwise accruable after June 30, 1960, which 
is lost by operation of this section because of administrative error and 
which is not credited under subsection (d) (2) of this section because 
the employee is separated before the error is discovered, is subject to 
credit and liquidation by lump-sum payment only if a claim therefor 
is filed within 3 years immediately following the date of discovery of 
the error. Payment shall be made by the agency of employment when 
the lump-sum payment provisions of section 5551 of this title last be- 
came applicable to the employee at the salary rate in effect on the date 
of the lump-sum provisions became applicable. 

(f ) Annual leave accrued by an individual while serving in a posi- 
tion in the Senior Executive Service shall not be subject to the limita- 
tion on accumulation otherwise imposed by this section (Pub. L. 89- 
554, Sept. 6, 1966, 80 Stat. 519, amended Pub. L. 93-181, §3, Dec. 14, 
1973, 87 Stat. 705; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1173 and 
1224.) 

§ 6305. Home leave ; leave for Chiefs of Missions ; leave for crews 
of vessels 

(a) After 24 months of continuous service outside the United 
States, an employee may be granted leave of absence, under regula- 
tions of the President, at a rate not to exceed 1 week for each 4 months 
of that service without regard to other leave provided by this sub- 
chapter. Leave so granted — 

(1) is for use in the United States, or if the employee's place 
of residence is outside the area of employment, in its territories 
or possessions including the Commonwealth of Puerto Rico ; 

(2) accumulates for future use without regard to the limita- 
tion in section 6304(b) of this title; and 

(3) may not be made the basis for terminal leave or for a 
lump-sum payment. 

(b) The President may authorize leave of absence to an officer 
excepted from this subchapter by section 6301(2) (xii) of this title 
for use in the United States and its territories or possessions. Leave so 
authorized does not constitute a leave system and may not be made 
the basis for a lump-sum payment. 

(c) An officer, crewmember, or other employee serving aboard an 
oceangoing vessel on an extended voyage may be granted leave of 
absence, under regulations of the Office of Personnel Management, at 



335 Sec> 6306 

^ — — ■— — ^ ^ -^^^^— ^^^— 

a rate not to exceed 2 days for each 30 calendar days of that service 
without regard to other leave provided by this subchapter. Leave so 
granted — 

(1) accumulates for future use without regard to the limita- 
tion in section 6304(b) of this title; 

(2) may not be made the basis for a lump-sum payment; and 

(3) may not be made the basis for terminal leave except under 
such special or emergency circumstances as may be prescribed 
under the regulations of the Office. 

(Pub. L. 89-554, Sept, 6, 1966, 80 Stat. 520, amended Pub. L. 89-747 
§1 (1), (2), Nov. 2, 1966, 80 Stat, 1179; Pub. L. 90-623, §1(16), 
Oct. 22, 1968, 82 Stat. 1313 ; Pub. L. 95-154, Oct. 13, 1978, 92 Stat. 1224.) 

§6306. Annual leave; refund of lump-sum payment; recredit of 
annual leave 

(a) When an individual who received a lump-sum payment for 
leave under section 5551 of this title is reemployed before the end of 
the period covered by the lump-sum payment in or under the Govern- 
ment of the United States or the government of the District of Colum- 
bia, except in a position excepted from this subchapter by section 
6301(2) (ii), (iii), (vi), or (vii) of this title, he shall refund to the 
employing agency an amount equal to the pay covering the period 
between the date of reemployment and the expiration of the lump-sum 
period. 

(b) An amount refunded under subsection (a) of this section shall 
be deposited in the Treasury of the United States to the credit of 
the employing agency. When an individual is reemployed under the 
same leave system, an amount of leave equal to the leave represented 
by the refund shall be recredited to him in the employing agency. 
When an individual is reemployed under a different leave system, an 
amount of leave equal to the leave represented by the refund shall be 
recredited to him in the employing agency on an adjusted basis under 
regulations prescribed by the Office of Personnel Management. When 
an individual is reemployed in a position excepted from this sub- 
chapter by section 63Ui(2) (x)-(xiii) of this title, an amount of leave 
equal to the leave represented by the refund is deemed, on separation 
from the service, death, or transfer to another position in the service, to 
have remained to his credit. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
520; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95- 
519, Oct. 25, 1978, 92 Stat. 1819.) 

§6307. Sick leave; accrual and accumulation 

(a) An employee is entitled to sick leave with pay which accrues 
on the basis of one-half day for each full biweekly pay period, except 
that sick leave with pay accrues to a member of the Firefighting 
Division of the Fire Department of the District of Columbia on the 
basis of two-fifths of a day for each full biweekly pay period. 

(b) Sick leave provided by this section, which is not used by an 
employee, accumulates for use in succeeding years. 

(c) When required by the exigencies of the situation, a maximum of 
30 days sick leave with pay may be advanced for serious disability 
or ailment, except that a maximum of 24 days sick leave with pay may 
be advanced to a member of the Firefighting Division of the Fire De- 
partment of the District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 520.) 



Sec. 6308 336 

§ 6308. Transfers between positions under different leave systems 

The annual and sick leave to the credit of an employee who transfers 
between positions under different leave systems without a break in 
service shall be transferred to his credit in the employing agency on 
an adjusted basis under regulations prescribed by the Office of Per- 
sonnel Management, unless the individual is excepted from this sub- 
chapter by section 6301(2) (ii), (iii), (vi), or (vii) of this title. 
However, when a former member receiving a retirement annuity under 
sections 521-535 of title 4, District of Columbia Code, is reemployed 
in a position to which this subchapter applies, his sick leave balance 
may not be recredited to his account on the later reemployment. (Pub. 
L. 89-554, Sept. 6, 1966, 80 Stat. 521 ; amended Pub. L. 95-^54, Oct. 13, 
1978, 92 Stat. 1224.) 

§ 6309. Repealed. Pub. L. 94-183, § 2(26), Dec. 31, 1975, 89 Stat. 1058 

§ 6310. Leave of absence ; aliens 

The head of the agency concerned may grant leave of absence with 
pay, not in excess of the amount of annual and sick leave allowable to 
citizen employees under this subchapter, to alien employees who oc- 
cupy positions outside the United States. (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat, 521.) 

§ 6311. Regulations 

The Office of Personnel Management may prescribe regulations nec- 
essary for the administration of this subchapter. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 521 ; amended Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1224.) 

§ 6312. Accrual and accumulation for former ASCS county office 
employees 

Service rendered as an employee of a county committee established 
pursuant to section 590h(b) of title 16, or of a committee or an asso- 
ciation of producers described in section 610(b) of title 7, shall be 
included in determining years of service for the purpose of section 
6303(a) of this title in the case of any officer or employee in or under 
the Department of Agriculture. The provisions of section 6308 of 
this title for transfer of annual and sick leave between leave systems 
shall apply to the leave system established for such employees. (Added 
Pub. L. 90-367, § 2(a), June 29, 1968, 82 Stat. 277, amended Pub. L. 
90-623, § 1 (25) , Oct. 22, 1968, 82 Stat. 1314.) 



337 Sec. 6321 



SUBCHAPTER II— OTHER PAID LEAVE 

§ 6321. Absence of veterans to attend funeral services 

An employee in or under an Executive agency who is a veteran of a 
war, or of a campaign or expedition for which a campaign badge has 
been authorized, or a member of an honor or ceremonial group of an 
organization of those veterans, may be excused from duty without loss 
of pay or deduction from annual leave for the time necessary, not to 
exceed 4 hours in any one day, to enable him to participate as an active 
pallbearer or as a member of a firing squad or a guard of honor in a 
funeral ceremony for a member of the armed forces whose remains are 
returned from abroad for final interment in the United States. (Pub. 
L. 89-554, Sept, 6, 1966, 80 Stat. 521.) 

§ 6322. Leave for jury or witness service ; official duty status for 
certain witness service 

(a) An employee as defined by section 2105 of this title (except an 
individual whose pay is disbursed by the Secretary of the Senate or 
the Clerk of the House of Representatives) or an individual employed 
by the government of the District of Columbia is entitled to leave, with- 
out loss of, or reduction in, pay, leave to which he otherwise is entitled, 
credit for time or service, or performance of efficiency rating, during 
a period of absence with respect to which he is summoned, in connec- 
tion with a judicial proceeding, by a court or authority responsible for 
the conduct of that proceeding, to serve — 

(1) as a juror; or 

(2) other than as provided in subsection (b) of this section, as 
a witness on behalf of any party in connection with any judicial 
proceeding to which the United States, the District of Columbia, 
or a State or local government is a party ; 

in the District of Columbia, a State, territory, or possession of the 
United States including the Commonwealth of Puerto Rico, the Canal 
Zone, or the Trust Territory of the Pacific Islands. For the purpose of 
this subsection, "judicial proceeding" means any action, suit, or other 
judicial proceeding, including any condemnation, preliminary, infor- 
mational, or other proceeding of a judicial nature, but does not include 
an administrative proceeding. 

(b) An employee as defined by section 2105 of this title (except an 
individual whose pay is disbursed by the Secretary of the Senate or 
the Clerk of the House of Representatives) or an individual employed 
by the government of the District of Columbia is performing official 
duty during the period with respect to which he is summoned, or 
assigned by his agency, to — 

(1) testify or produce official records on behalf of the United 
States or the District of Columbia ; or 

(2) testify in his official capacity or produce official records on 
behalf of a party other than the United States or the District of 
Columbia. 






Sec. 6323 338 

(c) The Office of Personnel Management may prescribe regulations 
for the administration of this section (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 552, amended Pub. L. 91-563, § 1(a), Dec. 19, 1970, 84 Stat. 1476; 
Pub. L. 94-310, § 1, June 15, 1976, 90 Stat. 687 ; Pub. L. 95-454, Oct. 13, 
1978, 92 Stat. 1224.) 

§ 6323. Military leave ; Reserves and National Guardsmen 

(a) An employee as defined by section 2105 of this title or an indi- 
vidual employed by the government of the District of Columbia, per- 
manent or temporary indefinite, is entitled to leave without loss in pay, 
time, or performance or efficiency rating for each day, not in excess of 
15 days in a calendar year, in which he is on active duty or is engaged 
in field or coast defense training under sections 502-505 of title 32 as 
a Reserve of the armed forces or member of the National Guard. 

(b) Repealed. Pub. L. 91-375, § 6(c) (18) (B), Aug. 12, 1970, 84 
Stat. 776. 

(c) Except as provided by section 5519 of this title, an employee as 
denned by section 2105 of this title or an individual employed by the 
government of the District of Columbia, permanent or temporary in- 
definite, who — 

(1) is a member of a Reserve component of the Armed Forces, 
as described in section 261 of title 10, or the National Guard, as 
described in section 101 of title 32 ; and 

(2) performs, for the purpose of providing military aid to 
enforce the law — 

(A) Federal service under section 331, 332, 333, 3500, or 
8500 of title 10, or other provision of law, as applicable ; or 

(B) full-time military service for his State, the District 
of Columbia, the Commonwealth of Puerto Rico, the Canal 
Zone, or a territory of the United States ; 

is entitled, during and because of such service, to leave without loss of 
or reduction in, pay, leave to which he otherwise is entitled, credit for 
time or service, or performance or efficiency rating. Leave granted by 
this subsection shall not exceed 22 workdays in a calendar year. 

(c) x An employee as defined by section 2105 of this title or an indi- 
vidual employed by the government of the District of Columbia, who 
is a member of the National Guard of the District of Columbia, is en- 
titled to leave without loss in pay or time for each day of a parade or 
encampment ordered or authorized under title 39, District of Columbia 
Code. This subsection covers each day of service the National Guard, or 
a portion thereof, is ordered to perform by the commanding general. 

(d) Repealed. Pub. L. 91-375, § 6(c) (18) (B), Aug. 12, 1970, 84 
Stat. 776. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 522, amended Pub. L. 90-588, 
§ 2(a), Oct. 17, 1968, 82 Stat. 1151; Pub. L. 90-623, § 1(17), Oct. 22, 
1968, 82 Stat. 1313; Pub. L. 91-375, § 6(c) (18), Aug 12, 1970, 84 Stat. 
776.) 

§6324. Absence of certain police and firemen 

(a) Sick leave may not be charged to the account of a member of 
the Metropolitan Police force or the Fire Department of the District 
of Columbia, the United States Park Police force, or the Executive 
Protection Service force for an absence due to injury or illness result- 
ing from the performance of duty. 

1 Probably should be "(d)". 



339 Sec. 6325 

(b) The determination of whether an injury or illness resulted from 
the performance of duty shall be made under regulations prescribed 

by— 

(1) the District of Columbia Council for members of the 
Metropolitan Police force and the Fire Department of the Dis- 
trict of Columbia; 

(2) the Secretary of the Interior for the United States Park 
Police force ; and 

(3) the Secretary of the Treasury for the Executive Protection 
Service force. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 552, amended Pub. L. 90-623, 
§ 1(18), Oct. 22, 1968, 82 Stat, 1313; Pub. L. 94-183, § 2(28) and (29) 
Dec. 31, 1975, 89 Stat. 1058.) V ; ' 

§6325. Absence resulting from hostile action abroad 

No leave shall be charged to the account of any officer or employee 
for absence, not to exceed one year, due to any injury incurred while 
serving abroad and resulting from war, insurgency, mob violence, or 
similar hostile action: Provided, That the injury shall not have been 
due to vicious habits, intemperance, or willful misconduct on the part 
of the officer or employee. (Added Pub. L. 90-221, §3(a), Dec. 23, 
1967, 81 Stat. 671.) V " 

§ 6326. Absence in connection with funerals of immediate relatives 
in the Armed Forces 

(a) An employee of an executive agency or an individual employed 
by the government of the District of Columbia is entitled to not more 
than three days of leave without loss of, or reduction in, pay, leave to 
which he is otherwise entitled, credit for time or service, or perform- 
ance or efficiency rating, to make arrangements for, or attend the 
funeral of, or memorial service for, an immediate relative who died 
as a result of wounds, disease, or injury incurred while serving as a 
member of the Armed Forces in a combat zone (as determined by the 
President in accordance with section 112 of the Internal Ke venue 
Code). 

(b) The Office of Personnel Management is authorized to issue regu- 
lations for the administration of this section. 

(c) This section shall not be considered as affecting the authority 
of an Executive agency, except to the extent and under the conditions 
covered under this section, to grant administrative leave excusing an 
employee from work when it is in the public interest. (Added Pub. 
L. 90-588, § 1 (a) , Oct. 17, 1968, 82 Stat. 1151 ; amended Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1224.) 



« 



« 






' 



Subpart F— Labor-Management and Employee 

Relations 

CHAPTER 71— LABOR-MANAGEMENT RELATIONS 

SUBCHAPTER I— GENERAL PROVISIONS 

Sec. 

7101. Findings and purpose. 

7102. Employees' rights. 

7103. Definitions ; application. 

7104. Federal Labor Relations Authority. 

7105. Powers and duties of the Authority. 

7106. Management rights. 

SUBCHAPTER II— RIGHTS AND DUTIES OF AGENCIES AND 
LABOR ORGANIZATIONS 

7111. Exclusive recognition of labor organizations. 

7112. Determination of appropriate units for labor organization representation. 

7113. National consultation rights. 

7114. Representation rights and duties. 

7115. Allotments to representatives. 

7116. Unfair labor practices. 

7117. Duty to bargain in good faith ; compelling need ; duty to consult. 

7118. Prevention of unfair labor practices. 

7119. Negotiation impasses ; Federal Service Impasses Panel. 

7120. Standards of conduct for labor organizations. 

SUBCHAPTER III— GRIEVANCES, APPEALS, AND REVIEW 

7121. Grievance procedures. 

7122. Exceptions to arbitral awards. 

7123. Judicial review ; enforcement. 

SUBCHAPTER IV— ADMINISTRATIVE AND OTHER PROVISIONS 

7131. Official time. 

7132. Subpenas. 

7133. Compilation and publication of data. 

7134. Regulations. 

7135. Continuation of existing laws, recognitions, agreements, and procedures. 

(341) 



Sec. 7101 342 



SUBCHAPTER I— GENERAL PROVISIONS 

^^ 
§7101. Findings and purpose ^ 

(a) The Congress finds that — 

(1) experience in both private and public employment indi- 
cates that the statutory protection of ihe right of employees to 
organize, bargain collectively, and participate through labor 
organizations of their own choosing in decisions which affect 
them — 

(A) safeguards the public interest, 

(B) contributes to the effective conduct of public business, 
and 

(C) facilitates and encourages the amicable settlements of 
disputes between employees and their employers involving 
conditions of employment ; and 

(2) the public interest demands the highest standards of 
employee performance and the continued development and 
implementation of modern and progressive work practices to 
facilitate and improve employee performance and the efficient 
accomplishment of the operations of the Government. 

Therefore, labor organizations and collective bargaining in the civil 
service are in the public interest. 

(b) It is the purpose of this chapter to prescribe certain rights and 
obligations of the employees of the Federal Government and to estab- 
lish procedures which are designed to meet the special requirements 
and needs of the Government. The provisions of this chapter should be 
interpreted in a manner consistent with the requirement of an effective 
and efficient Government. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1192.) 

§ 7102. Employees' rights 

Each employee shall have the right to form, join, or assist any labor 
organization, or to refrain from any such activity, freely and without 
fear of penalty or reprisal, and each employee shall be protected in the 
exercise of such right. Except as otherwise provided under this chapter, 
such right includes the right — 

(1) to act for a labor organization in the capacity of a repre- 
sentative and the right, in that capacity, to present the views of 
the labor organization to heads of agencies and other officials of 
the executive branch of the Government, the Congress, or other 
appropriate authorities, and 

(2) to engage in collective bargaining with respect to condi- 
tions of employment through representatives chosen by employees 
under this chapter. 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1192.) 



343 Sec. 7103 

I §7103. Definitions; application 

" ( a) For the purpose of this chapter — 

(1) ''person" means an individual, labor organization, or 
agency; 

(2) "employee" means an individual — 
\A) employed in an agency ; or 

(B) whose employment in an agency has ceased because of 
any unfair labor practice under section 7116 of this title and 
who has not obtained any other regular and substantially 
equivalent employment, as determined under regulations pre- 
scribed by the Federal Labor Kelations Authority ; 
but does not include — 

( i ) an alien or noncitizen of the United States who occupies 
a position outside the United States ; 

(ii) a member of the uniformed services ; 

( iii ) a supervisor or a management official ; 

(iv) an officer or employee in the Foreign Service of the 
United States employed in the Department of State, the 
Agency for International Development, or the International 
Communication Agency ; or 

(v) any person who participates in a strike in violation 
of section 7311 of this title ; 

(3) "agency" means an Executive agency (including a nonap- 
propriated fund instrumentality described in section 2105(c) of 
this title and the Veterans' Canteen Service. Veterans' Admin- 
istration) , the Library of Congress, and the Government Printing 
Office, but does not include — 

( A ) the General Accounting Office ; 

( B ) the Federal Bureau of Investigation ; 

( C ) the Ceneral Intelligence Agency ; 

( D ) the National Security Agency ; 

( E ) the Tennessee Valley Authority ; 

( F ) the Federal Labor Relations Authority ; or 

(G) the Federal Service Impasses Panel ; 

(4) "labor organization" means an organization composed in 
whole or in part of employees, in which employees participate 
and pay dues, and which has as a purpose the dealing with an 
agency concerning grievances and conditions of employment, but 
does not include — 

(A) an organization which, by its constitution, bylaws, 
tacit agreement among its members, or otherwise, denies 
membership because of race, color, creed, national origin, sex, 
age, preferential or nonpreferential civil service status, politi- 
cal affiliation, marital status, or handicapping condition ; 

(B) an organization which advocates the overthrow of 
the constitutional form of government of the United States: 

(C) an organization sponsored by an agency ; or 

(D) an organization which participates in the conduct of 
a strike against the Government or any agency thereof or 
imposes a duty or obligation to conduct, assist, or participate 
in such a strike : 






Sec. 7103 344 

( 5 ) "dues" means dues, fees, and assessments ; 

(6) "Authority" means the Federal Labor Relations Authority 
described in section 7104 (a) of this title ; 

(7) "Panel" means the Federal Service Impasses Panel de- 
scribed in section 7119 (c) of this title ; 

(8) "collective bargaining agreement" means an agreement 
entered into as a result of collective bargaining pursuant to the 
provisions of this chapter ; 

(9) "grievance" means any complaint — 

(A) by any employee concerning any matter relating to 
the employment of the employee ; 

(B) by any labor organization concerning any matter 
relating to the employment of any employee ; or 

(C) by any employee, labor organization, or agency con- 
cerning — 

(i) the effect or interpretation, or a claim of breach, 
of a collective bargaining agreement ; or 

(ii) any claimed violation, misinterpretation, or mis- 
application of any law, rule, or regulation affecting con- 
ditions of employment ; 

(10) "supervisor" means an individual employed by an agency 
having authority in the interest of the agency to hire, direct, 
assign, promote, reward, transfer, furlough, layoff, recall, sus- 
pend, discipline, or remove employees, to adjust their grievances, 
or to effectively recommend such action, if the exercise of the 
authority is not merely routine or clerical in nature but requires 
the consistent exercise of independent judgment, except that, 
with respect to any unit which includes firefighters or nurses, the 
term "supervisor" includes only those individuals who devote a 
preponderance of their employment time to exercising such 
authority ; 

(11) "management official" means an individual employed by 
an agency in a position the duties and responsibilities of which 
require or authorize the individual to formulate, determine, or 
influence the policies of the agency ; 

(12) "collective bargaining" means the performance of the 
mutual obligation of the representative of an agency and the 
exclusive representative of employees in an appropriate unit in 
the agency to meet at reasonable times and to consult and bargain 
in a good-faith effort to reach agreement with respect to the 
conditions of employment affecting such employees and to exe- 
cute, if requested by either party, a written document incorporat- 
ing any collective bargaining agreement reached, but the obli- 
gation referred to in this paragraph does not compel either party 
to agree to a proposal or to make a concession ; 

(13) "confidential employee" means an employee who acts in 
a confidential capacity with respect to an individual who formu- 
lates or effectuates management policies in the field of labor- 
management relations ; 

(14) "conditions of employment" means personnel policies, 
practices, and matters, whether established by rule, regulation, 



> 



345 Sec. 7103 

or otherwise, affecting working conditions, except that such term 
does not include policies, practices, and matters — 

(A) relating to political activities prohibited under sub- 
chapter III of chapter 73 of this title ; 

(B) relating to the classification of any position; or 

(C) to the extent such matters are specifically provided 
for by Federal statute ; 

(15) "professional employee" means — 

(A) an employee engaged in the performance of work — 
(i) requiring knowledge of an advanced type in a 

field of science or learning customarily acquired by a 
prolonged course of specialized intellectual instruction 
and study in an institution of higher learning or a hospi- 
tal (as distinguished from knowledge acquired by a gen- 
eral academic education, or from an apprenticeship, or 
from training in the performance of routine mental, 
manual, mechanical, or physical activities) ; 

(ii) requiring the consistent exercise of discretion and 
judgment in its performance ; 

(iii) which is predominantly intellectual and varied 
in character (as distinguished from routine mental, man- 
ual, mechanical, or physical work) ; and 

(iv) which is of such character that the output pro- 
duced or the result accomplished by such work cannot 
be standardized in relation to a given period of time; or 

(B) an employee who has completed the courses of special- 
ized intellectual instruction and study described in subpara- 
graph (A) (i) of this paragraph and is performing related 
work under appropriate direction or guidance to qualify the 
employee as a professional employee described in subpara- 
graph (A) of this paragraph ; 

(16) "exclusive representative" means any labor organization 
which — 

(A) is certified as the exclusive representative of employ- 
ees in an appropriate unit pursuant to section 7111 of this 
title ; or 

(B) was recognized by an agency immediately before the 
effective date of this chapter as the exclusive representative 
of employees in an appropriate unit — 

(i) on the basis of an election, or 
(ii) on any basis other than an election, 
and continues to be so recognized in accordance with the pro- 
visions of this chapter ; 

(17) "firefighter" means any employee engaged in the perform- 
ance of work directly connected with the control and extinguish- 
ment of fires or the maintenance and use of firefighting apparatus 
and equipment ; and 

(18) "United States" means the 50 States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
Islands, the Trust Territory of the Pacific Islands, and any terri- 
tory or possession of the United States. 



Sec. 7104 346 

(b) (1), The President may issue an order excluding any agency or 
subdivision thereof from coverage under this chapter if the President 
determines that — 

(A) the agency or subdivision has as a primary function intelli- 
gence, counterintelligence, investigative, or national security 
work, and 

(B) the provisions of this chapter cannot be applied to that 
agency or subdivision in a manner consistent with national security 
requirements and considerations. 

(2) The President may issue an order suspending any provision 
of this chapter with respect to any agency, installation, or activity 
located outside the 50 States and the District of Columbia, if the Presi- 
dent determines that the suspension is necessary in the interest of 
national security. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1192.) 

§7104. Federal Labor Relations Authority 

(a) The Federal Labor Relations Authority is composed of three 
members, not more than 2 of whom may be adherents of the same poli- 
tical party. No member shall engage in any other business or employ- 
ment or hold another office or position in the Government of the United 
States except as otherwise provided by law. 

(b) Members of the Authority shall be appointed by the President 
by and with the advice and consent of the Senate, and may be removed 
by the President only upon notice and hearing and only for inefficiency, 
neglect of duty, or malfeasance in office. The President shall designate 
one member to serve as Chairman of the Authority. 

(c) (1) One of the original members of the Authority shall be 
appointed for a term of 1 year, one for a term of 3 years, and the Chair- 
man for a term of 5 years. Thereafter, each member shall be appointed 
for a term of 5 years. 

(2) Notwithstanding paragraph (1) of this subsection, the term of 
any member shall not expire before the earlier of — 

(A) the date on which the member's successor takes office, or 

(B) the last day of the Congress beginning after the date on 
which the member's term of office would (but for this subpara- 
graph) expire. 

An individual chosen to fill a vacancy shall be appointed for the 
unexpired term of the member replaced. 

(d) A vacancy in the Authority shall not impair the right of the 
remaining members to exercise all of the powers of the Authority. 

(e) The Authority shall make an annual report to the President for 
transmittal to the Congress which shall include information as to the 
cases it has heard and the decisions it has rendered. 

(f)(1) The General Counsel of the Authority shall be appointed 
by the President, by and with the advice and consent of the Senate, 
for a term of 5 years. The General Counsel may be removed at any time 
by the President. The General Counsel shall hold no other office or posi- 
tion of the Government of the United States except as provided by 
law. 

(2) The General Counsel may — 

(A) investigate alleged unfair labor practices under this 
chapter, 



347 Sec. 7105 

^ (B) file and prosecute complaints under this chapter, and 

(C) exercise such other powers of the Authority as the Author- 
ity may prescribe. 
(3) The General Counsel shall have direct authority over, and 
responsibility for, all employees in the office of General Counsel, includ- 
ing emplovees of the General Counsel in the regional offices of the 
Authority^ (Pub. L. 95-154, Oct. 13. 1978, 92 Stat. 1196.) 

§ 7105. Powers and duties of the Authority 

(a) (1) The Authority shall provide leadership in establishing poli- 
cies and guidance relating to matters under this chapter, and, except 
as otherwise provided, shall be responsible for carrying out the purpose 
of this chapter. 

(2) The Authority shall, to the extent provided in this chapter and 
in accordance with regulations prescribed by the Authority — 

(A) determine the appropriateness of units for labor organiza- 
tion representation under section 7112 of this title ; 

(B) supervise or conduct elections to determine whether a 
labor organization has been selected as an exclusive representative 
by a majority of the employees in an appropriate unit and other- 
wise administer the provisions of section 7111 of this title relating 
to the according of exclusive recognition to labor organizations ; 

(C) prescribe criteria and resolve issues relating to the granting 
of national consultation rights under section 7113 of this title; 

(D) prescribe criteria and resolve issues relating to determining 
I compelling need for agencv rules or regulations under section 
f 7117(b) of this title; 

(E) resolves issues relating to the duty to bargain in good faith 
under section 7117 (c) of this title ; 

(F) prescribe criteria relating to the granting of consultation 
rights with respect to conditions of employment under section 
7117(d) of this title; 

(G) conduct hearings and resolve complaints of unfair labor 
practices under section 7118 of this title; 

(H) resolve exceptions to arbitrator's awards under section 7122 
of this title ; and 

(I) take such other actions as are necessary and appropriate 
to effectively administer the provisions of this chapter. 

(b) The Authority shall adopt an official seal which shall be judi- 
cially noticed. 

(c) The principal office of the Authority shall be in or about the 
District of Columbia, but the Authority may meet and exercise any 
or all of its powers at any time or place. Except as otherwise expressly 
provided by law. the Authority may, by one or more of its members 
or by such agents as it may designate, make any appropriate inquiry 
necessary to carry out its duties wherever persons subject to this chap- 
ter are located. Any member who participates in the inquiry shall not 
be disqualified from later participating in a decision of the Authority 
in any case relating to the inquiry. 

(d) The Authority shall appoint an Executive Director and such 
| regional directors, administrative law judges under section 3105 of 
" this title, and other individuals as it may from time to time find neces- 






Sec. 7105 348 

sary for the proper performance of its functions. The Authority may 
delegate to officers and employees appointed under this subsection 
authority to perform such duties and make such expenditures as may 
be necessary. 

(e) (1) The Authority may delegate to any regional director its 
authority under this chapter — 

(A) to determine whether a group of employees is an appro- 
priate unit ; 

(B) to conduct investigations and to provide for hearings; 

(C) to determine whether a question of representation exists 
and to direct an election ; and 

(D) to supervise or conduct secret ballot elections and certify 
the results thereof. 

(2) The Authority may delegate to any administrative law judge 
appointed under subsection (d) of this section its authority under 
section 7118 of this title to determine whether any person has engaged 
in or is engaging in an unfair labor practice. 

(f ) If the Authority delegates any authority to any regional direc- 
tor or administrative law judge to take any action pursuant to subsec- 
tion (e) of this section, the Authority may, upon application by any 
interested person filed within 60 days after the date of the action, 
review such action, but the review shall not, unless specifically ordered 
by the Authority, operate as a stay of action. The Authority may 
affirm, modify, or reverse any action reviewed under this subsection. 
If the Authority does not undertake to grant review of the action 
under this subsection within 60 days after the later of — 

(1 ) the date of the action ; or 

(2) the date of the filing of any application under this sub- 
section for review of the action ; 

the action shall become the action of the Authority at the end of such 
60-day period. 

(g) In order to carry out its functions under this chapter, the 
Authority may — 

(1) hold hearings ; 

(2) administer oaths, take the testimony or deposition of any 
person under oath, and issue subpenas as provided in section 7132 
of this title ; and 

(3) may require an agency or a labor organization to cease 
and desist from violations of this chapter and require it to take 
any remedial action it considers appropriate to carry out the 
policies of this chapter. 

(h) Except as provided in section 518 of title 28, relating to litiga- 
tion before the Supreme Court, attorneys designated by the Authority 
may appear for the Authority and represent the Authority in any civil 
action brought in connection with any function carried out by the 
Authority pursuant to this title or as otherwise authorized by law. 

(i) In the exercise of the functions of the Authority under this title, 
the Authority may request from the Director of the Office of Personnel 
Management an advisory opinion concerning the proper interpretation 
of rules, regulations, or policy directives issued by the Office of Person- 
nel Management in connection with any matter before the Authority. 
(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1196.) 






> 



349 Sec. 7106 

§7106. Management rights 

(a) Subject to subsection (b) of this section, nothing in this chapter 
shall affect the authority of any management official of any agency — 

(1) to determine the mission, budget, organization, number of 
employees, and internal security practices of the agency; and 

(2) in accordance with applicable laws — 

(A) to hire, assign, direct, layoff, and retain employees in 
the agency, or to suspend, remove, reduce in grade or pay, or 
take other disciplinary action against such employees ; 

(B) to assign work, to make determinations with respect to 
contracting out, and to determine the personnel by which 
agency operations shall be conducted ; 

(C) with respect to filling positions, to make selections for 
appointments from — 

(i) among properly ranked and certified candidates for 
promotion ; or 

(ii) any other appropriate source; and 

(D) to take whatever actions may be necessary to carry out 
the agency mission during emergencies. 

(b) Nothing in this section shall preclude any agency and any labor 
organization from negotiating — 

(1) at the election of the agency, on the numbers, types, and 
grades of employees or positions assigned to any organizational 
subdivision, work project, or tour of duty, or on the technology, 
methods, and means of performing work; 

(2) procedures which management officials of the agency will 
observe in exercising any authority under this section ; or 

(3) appropriate arrangements for employees adversely affected 
by the exercise of any authority under this section by such man- 
agement officials. 

(Pub. L. 95^54, Oct. 13, 1978, 92 Stat. 1198.) 



35-550 O - 79 - 24 






Sec. 7111 350 






SUBCHAPTER II— RIGHTS AND DUTIES OF AGENCIES 
AND LABOR ORGANIZATIONS 

§7111. Exclusive recognition of labor organizations 

(a) An agency shall accord exclusive recognition to a labor organi- 
zation if the organization has been selected as the representative, in a 
secret ballot election, by a majority of the employees in an appropriate 
unit who cast valid ballots in the election. 

( b ) If a petition is filed with the Authority — 

( 1 ) by any person alleging — 

(A) in the case of an appropriate unit for which there is 
no exclusive representative, that 30 percent of the employees 
in the appropriate unit wish to be represented for the purpose 
of collective bargaining by an exclusive representative, or 

(B) in the case of an appropriate unit for which there is 
an exclusive representative, that 30 percent of the employees 
in the unit allege that the exclusive representative is no longer 
the representative of the majority of the employees in the 
unit ; or 

(2) by any person seeking clarification of, or an amendment 
to, a certification then in effect or a matter relating to representa- 
tion; 

the Authority shall investigate the petition, and if it has reasonable 
cause to believe that a question of representation exists, it shall provide 
an opportunity for a hearing (for which a transcript shall be kept) 
after reasonable notice. If the Authority finds on the record of the 
hearing that a question of representation exists, the Authority shall 
supervise or conduct an election on the question by secret ballot and 
shall certify the results thereof. An election under this subsection shall 
not be conducted in any appropriate unit or in any subdivision thereof 
within which, in the preceding 12 calendar months, a valid election 
under this subsection has been held. 

(c) A labor organization which — 

( 1 ) has been designated by at least 10 percent of the employees 
in the unit specified in any petiiton filed pursuant to subsection 
(b) of this section ; 

(2) has submitted a valid copy of a current or recently expired 
collective bargaining agreement for the unit ; or 

(3) has submitted other evidence that it is the exclusive rep- 
resentative of the employees involved ; 

may intervene with respect to a petition filed pursuant to subsection 
(b) of this section and shall be placed on the ballot of any election 
under such subsection (b) with respect to the petition. 

(d) The Authority shall determine who is eligible to vote in any 
election under this section and shall establish rules governing any such 






351 Sec. 7112 

election, which shall include rules allowing employees eligible to vote 
the opportunity to choose — 

(1) from labor organizations on the ballot, that labor organi- 
zation which the employees wish to have represent them ; or 

(2) not to be represented by a labor organization. 

In any election in which no choice on the ballot receives a majority of 
the votes cast, a runoff election shall be conducted between the two 
choices receiving the highest number of votes. A labor organization 
which receives the majority of the votes cast in an election shall be 
certified by the Authority as the exclusive representative. 

(e) A labor organization seeking exclusive recognition shall sub- 
mit to the Authority and the agency involved a roster of its officers 
and representatives, a copy of its constitution and bylaws, and a 
statement of its objectives. 

(f) Exclusive recognition shall not be accorded to a labor 
organization — 

(1) if the Authority determines that the labor organization 
is subject to corrupt influences or influences opposed to demo- 
cratic principles ; 

(2) in the case of a petition filed pursuant to subsection (b)(1) 
(A) of this section, if there is not credible evidence that at least 
30 percent of the employees in the unit specified in the petition 
wish to be represented for the purpose of collective bargaining 
by the labor organization seeking exclusive recognition; 

(3) if there is then in effect a lawful written collective bar- 
gaining agreement between the agency involved and an exclusive 
representative (other than the labor organization seeking ex- 
clusive recognition) covering any employees included in the unit 
specified in the petition, unless — 

(A) the collective bargaining agreement has been in effect 
for more than 3 years, or 

(B) the petition for exclusive recognition is filed not more 
than 105 days and not less than 60 days before the expiration 
date of the of the collective bargaining agreement; or 

(4) if the Authority has, within the previous 12 calendar 
months, conducted a secret ballot election for the unit described 
in any petition under this section and in such election a majority 
of the employees voting chose a labor organization for certifica- 
tion as the unit's exclusive representative. 

(g) Nothing in this section shall be construed to prohibit the waiv- 
ing of hearings by stipulation for the purpose of a consent election in 
conformity with regulations and rules or decisions of the Authority. 
(PubX. 95-454, Oct. 13, 1978, 92 Stat, 1199.) 

§7112. Determination of appropriate units for labor organiza- 
tion representation 

(a) (1) The Authority shall determine the appropriateness of any 
unit. The Authority shall determine in each case whether, in order to 
ensure employees the fullest freedom in exercising the rights guar- 
anteed under this chapter, the appropriate unit should be established 
on an agency, plant, installation, functional, or other basis and shall 
determine any unit to be an appropriate unit only if the determination 



Sec. 7113 352 

will ensure a clear and identifiable community of interest among the 
employees in the unit and will promote effective dealings with, and 
efficiency of the operations of, the agency involved. 

(b) A unit shall not be determined to be appropriate under this 
section solely on the basis of the extent to which employees in the pro- 
posed unit have organized, nor shall a unit be determined to be appro- 
priate if it includes — 

(1) except as provided under section 7135(a) (2) of this title, 
any management official or supervisor ; 

(2) a confidential employee ; 

(3) an employee engaged in personnel work in other than a 
purely clerical capacity; 

(4) an employee engaged in administering the provisions of 
this chapter ; 

(5) both professional employees and other employees, unless a 
majority of the professional employees vote for inclusion in the 
unit ; 

(6) any employee engaged in intelligence, counterintelligence, 
investigative, or security work which directly affects national 
security; or 

(7) any employee primarily engaged in investigation or audit 
functions relating to the work of individuals employed by an 
agency whose duties directly affect the internal security of the 
agency, but only if the functions are undertaken to ensure that 
the duties are discharged honestly and with integrity. 

(c) Any employee who is engaged in administering any provision 
of law relating to labor-management relations may not be represented 
by a labor organization — 

(1) which represents other individuals to whom such provision 
applies; or 

(2) which is affiliated directly or indirectly with an organiza- 
tion which represents other individuals to whom such provision 
applies. 

(d) Two or more units which are in an agency and for which a 
labor organization is the exclusive representative may, upon petition 
by the agency or labor organization, be consolidated with or without 
an election into a single larger unit if the Authority considers the 
larger unit to be appropriate. The Authority shall certify the labor 
organization as the exclusive representative of the new larger unit. 
( Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1200.) 

§ 7113. National consultation rights 

(a)(1) Tf, in connection with any agency, no labor organization 
has been accorded exclusive recognition on an agency basis, a labor 
organization which is the exclusive representative of a substantial 
number of the employees of the agency, as determined in accordance 
with criteria prescribed by the Authority, shall be granted national 
consultation lights by the agency. National consultation rights shall 
terminate when the labor organization no longer meets the criteria 
prescribed by the Authority. Any issue relating to any labor organi- 
zation's eligibility for, or continuation of, national consultation rights 
shall be subject to determination by t he Authority. 



353 Sec. 7114 

(b) (1) Any labor organization having national consultation rights 
in connection with any agency under subsection (a) of this section 
shall — 

(A) be informed of any substantive change in conditions of 
employment proposed by the agency, and 

(B) be permitted reasonable time to present its views and rec- 
ommendations regarding the changes. 

(2) If any views or recommendations are presented under para- 
graph (1) of this subsection to an agency by any labor organization — 

(A) the agency shall consider the views or recommendations 
before taking final action on any matter with respect to which the 
views or recommendations are presented ; and 

(B) the agency shall provide the labor organization a written 
statement of the reasons for taking the final action. 

(c) Nothing in this section shall be construed to limit the right of 
any agency or exclusive representative to engage in collective bar- 
gaining. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1201.) 

§7114. Representation rights and duties 

(a) (1) A labor organization which has been accorded exclusive 
recognition is the exclusive representative of the employees in the unit 
it represents and is entitled to act for, and negotiate collective bargain- 
ing agreements covering, all employees in the unit. An exclusive repre- 
sentative is responsible for representing the interests of all employees 
in the unit it represents without discrimination and without regard to 
labor organization membership. 

(2) An exclusive representative of an appropriate unit in an agency 
shall be given the opportunity to be represented at — 

(A) any formal discussion between one or more representatives 
of the agency and one or more employees in the unit or their 
representatives concerning any grievance or any personnel policy 
or practices or other general condition of employment ; or 

(B) any examination of an employee in the unit by a repre- 
sentative of the agency in connection with an investigation if — 

(i) the employee reasonably believes that the examination 
may result in disciplinary action against the employee; and 
(ii) the employee requests representation. 

(3) Each agency shall annually inform its employees of their rights 
under paragraph (2) (B) of this subsection. 

(4) Any agency and any exclusive representative in any appro- 
priate unit in the agency, through appropriate representatives, shall 
meet and negotiate in good faith for the purposes of arriving at a 
collective bargaining agreement. In addition, the agency and the ex- 
clusive representative may determine appropriate techniques, consist- 
ent with the provisions of section 7119 of this title, to assist in any 
negotiation. 

(5) The rights of an exclusive representative under the provisions 
of this subsection shall not be construed to preclude an employee 
from — 

(A) being represented by an attorney or other representative, 
other than the exclusive representative, of the employee's own 
choosing in any grievance or appeal action ; or 



Sec. 7115 354 

(B) exercising grievance or appellate rights established by 
law, rule, or regulation ; 
except in the case of grievance or appeal procedures negotiated under 
this chapter. 

(b) The duty of an agency and an exclusive representative to 
negotiate in good faith under subsection (a) of this section shall in- 
clude the obligation — 

(1) to approach the negotiations with a sincere resolve to 
reach a collective bargaining agreement ; 

(2) to be represented at the negotiations by duly authorized 
representatives prepared to discuss and negotiate on any condi- 
tion of employment ; 

(3) to meet at reasonable times and convenient places as fre- 
quently as may be necessary, and to avoid unnecessary delays ; 

(4) in the case of an agency, to furnish to the exclusive rep- 
resentative involved, or its authorized representative, upon request 
and, to the extent not prohibited by law, data — 

(A) which is normally maintained by the agency in the 
regular course of business ; 

(B) which is reasonably available and necessary for full 
and proper discussion, understanding, and negotiation of sub- 
jects within the scope of collective bargaining; and 

(C) which does not constitute guidance, advice, counsel, 
or training provided for management officials or supervisors, 
relating to collective bargaining ; and 

(5) if agreement is reached, to execute on the request of any 
party to the negotiation a written document embodying the agreed 
terms, and to take such steps as are necessary to implement such 
agreement. 

(c)(1) An agreement between any agency and an exclusive rep- 
resentative shall be subject to approval by the head of the agency. 

(2) The head of the agency shall approve the agreement within 
30 days from the date the agreement is executed if the agreement is 
in accordance with the provisions of this chapter and any other appli- 
cable law, rule, or regulation (unless the agency has granted an excep- 
tion to the provision) . 

(3) If the head of the agency does not approve or disapprove the 
agreement within the 30-day period, the agreement shall take effect 
and shall be binding on the agency and the exclusive representative 
subject to the provisions of this chapter and any other applicable law, 
rule, or regulation. 

(4) A local agreement subject to a national or other controlling 
agreement at a higher level shall be approved under the proceedings of 
the controlling agreement or, if none, under regulations prescribed by 
the agency. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1202.) 

§ 7115. Allotments to representatives 

(a) If an agency has received from an employee in an appropriate 
unit a written assignment which authorizes the agency to deduct from 
the pay of the employee amounts for the payment of regular and 
periodic dues of the exclusive representative of the unit, the agency 
shall honor the assignment and make an appropriate allotment pur- 



355 Sec. 7116 

suant to the assignment. Any such allotment shall be made at no cost 
to the exclusive representative or the employee. Except as provided 
under subsection (b) of this section, any such assignment may not be 
revoked for a period of 1 year. 

(b) An allotment under subsection (a) of this section for the deduc- 
tion of dues with respect to any employee shall terminate when — 

(1) the agreement between the agency and the exclusive rep- 
resentative involved ceases to be applicable to the employee; or 

(2) the employee is suspended or expelled from membership 
in the exclusive representative. 

(c) (1) Subject to paragraph (2) of this subsection, if a petition 
has been filed with the Authority by a labor organization alleging that 
10 percent of the employees in an appropriate unit in an agency have 
membership in the labor organization, the Authority shall investigate 
the petition to determine its validity. Upon certification by the Author- 
ity of the validity of the petition, the agency shall have a duty to nego- 
tiate with the labor organization solely concerning the deduction of 
dues of the labor organization from the pay of the members of the 
labor organization who are employees in the unit and who make a vol- 
untary allotment for such purpose. 

(2) (A) The provisions of paragraph (1) of this subsection shall 
not apply in the case of any appropriate unit for which there is an 
exclusive representative. 

(B) Any agreement under paragraph (1) of this subsection between 
a labor organization and an agency with respect to an appropriate unit 
shall be null and void upon the certification of an exclusive representa- 
tive of the unit. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1203.) 

§7116. Unfair labor practices 

(a) For the purpose of this chapter, it shall be an unfair labor 
practice for an agency — 

(1) to interfere with, restrain, or coerce any employee in the 
exercise by the employee of any right under this chapter ; 

(2) to encourage or discourage membership in any labor 
organization by discrimination in connection with hiring, tenure, 
promotion, or other conditions of employment; 

(3) to sponsor, control, or otherwise assist any labor organiza- 
tion, other than to furnish, upon request, customary and routine 
services and facilities if the services and facilities are also fur- 
nished on an impartial basis to other labor organizations having 
equivalent status ; 

(4) to discipline or otherwise discriminate against an employee 
because the employee has filed a complaint, affidavit, or petition, or 
has given any information or testimony under this chapter; 

(5) to refuse to consult or negotiate in good faith with a 
labor organization as required by this chapter; 

(6) to fail or refuse to cooperate in impasse procedures and 
impasse decisions as required by this chapter; 

(7) to enforce any rule or regulation (other than a rule or 
regulation implementing section 2302 of this title) which is in 
conflict with any applicable collective bargaining agreement if 
the agreement was in effect before the date the rule or regulation 
was prescribed ; or 



Sec. 7116 



356 



(8) to otherwise fail or refuse to comply with any provision 
of this chapter, 
(b) For the purpose of this chapter, it shall be an unfair labor 
practice for a labor organization — 

(1) to interfere with, restrain, or coerce any employee in the 
exercise by the employee of any right under this chapter ; 

(2) to cause or attempt to cause an agency to discriminate 
against any employee in the exercise by the employee of any right 
under this chapter ; 

(3) to coerce, discipline, fine, or attempt to coerce a member 
of the labor organization as punishment, reprisal, or for the pur- 
pose of hindering or impeding the member's work performance 
or productivity as an employee or the discharge of the member's 
duties as an employee; 

(4) to discriminate against an employee with regard to the 
terms or conditions of membership in the labor organization on 
the basis of race, color, creed, national origin, sex, age, preferential 
or nonpreferential civil service status, political affiliation, marital 
status, or handicapping condition ; 

(5) to refuse to consult or negotiate in good faith with an 
agency as required by this chapter; 

(6) to fail or refuse to cooperate in impasse procedures and 
impasse decisions as required by this chapter; 

(7) (A) to call, or participate in, a strike, work stoppage, or 
slowdown, or picketing of an agency in a labor-management 
dispute if such picketing interferes with an agency's operations, 
or 

(B) to condone any activity described in subparagraph (A) 
of this paragraph by failing to take action to prevent or stop 
such activity; or 

(8) to otherwise fail or refuse to comply with any provision 
of this chapter. 

Nothing in paragraph (7) of this subsection shall result in any infor- 
mational picketing which does not interfere with any agency's opera- 
tions being considered as an unfair labor practice. 

(c) For the purpose of this chapter it shall be an unfair labor 
practice for an exclusive representative to deny membership to any 
employee in the appropriate unit represented by such exclusive repre- 
sentative except for failure — 

(1) to meet reasonable occupational standards uniformly 
required for admission, or 

(2) to tender dues uniformly required as a condition of acquir- 
ing and retaining membership. 

This subsection does not preclude any labor organization from enforc- 
ing discipline in accordance with procedures under its constitution or 
bylaws to the extent consistent with the provisions of this chapter. 

(d) Issues which can properly be raised under an appeals procedure 
may not be raised as unfair labor practices prohibited under this sec- 
tion. Except for matters wherein, under section 7121 (e) and (f) of this 
title, an employee has an option of using the negotiated grievance pro- 
cedure or an appeals procedure, issues which can be raised under a 
grievance procedure may, in the discretion of the aggrieved party, be 



357 Sec. 7117 

raised under the grievance procedure or as an unfair labor practice 
under this section, but not under both procedures. 

(e) The expression of any personal view, argument, opinion or the 
making of any statement which — 

( 1 ) publicizes the fact of a representational election and encour- 
ages employees to exercise their right to vote in such election, 

(2) corrects the record with respect to any false or misleading 
statement made by any person, or 

(3) informs employees of the Government's policy relating to 
labor-management relations and representation, 

shall not, if the expression contains no threat of reprisal or force or 
promise of benefit or was not made under coercive conditions, (A) con- 
stitute an unfair labor practice, under any provision of this chapter, or 
(B) constitute grounds for the setting aside of any election conducted 
under any provisions of this chapter. (Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1204.) 

§ 7117. Duty to bargain in good faith ; compelling need ; duty to 
consult 

(a) (1) Subject to paragraph (2) of this subsection, the duty to bar- 
gain in good faith shall, to the extent not inconsistent with any Federal 
law or any Government-wide rule or regulation, extend to matters 
which are the subject of any rule or regulation only if the rule or regu- 
lation is not a Government-wide rule or regulation. 

(2) The duty to bargain in good faith shall, to the extent not incon- 
sistent with Federal law or any Government-wide rule or regulation, 
extend to matters which are the subject of any agency rule or regulation 
referred to in paragraph (3) of this subsection only if the Authority 
has determined under subsection (b) of this section that no compelling 
need (as determined under regulations prescribed by the Authority) 
exists for the rule or regulation. 

(3) Paragraph (2) of the subsection applies to any rule or regulation 
issued by any agency or issued by any primary national subdivision of 
such agency, unless an exclusive representative represents an appropri- 
ate unit including not less than a majority of the employees in the 
issuing agency or primary national subdivision, as the case may be, to 
whom the rule or regulation is applicable. 

(b) (1) In any case of collective bargaining in which an exclusive 
representative alleges that no compelling need exists for any rule or 
regulation referred to in subsection (a) (3) of this section which is 
then in effect and which governs any matter at issue in such collec- 
tive bargaining, the Authority shall determine under paragraph (2) 
of this subsection, in accordance with regulations prescribed by the 
Authority, whether such a compelling need exists. 

(2) For the purpose of this section, a compelling need shall be 
determined not to exist for any rule or regulation only if — 

(A) the agency, or primary national subdivision, as the case 
may be, which issued the rule or regulation informs the Authority 
in writing that a compelling need for the rule or regulation does 
not exist ; or 

(B) the Authority determines that a compelling need for a 
rule or regulation does not exist. 






Sec. 7117 358 

(3) A hearing may be held, in the discretion of the Authority, 
before a determination is made under this subsection. If a hearing is 
held, it shall be expedited to the extent practicable and shall not 
include the General Counsel as a party. 

(4) The agency, or primary national subdivision, as the case may 
be, which issued the rule or regulation shall be a necessary party at 
any hearing under this subsection. 

(c) (1) Except in any case to which subsection (b) of this section 
applies, if an agency involved in collective bargaining with an exclu- 
sive representative alleges that the duty to bargain in good faith does 
not extend to any matter, the exclusive representative may appeal the 
allegation to the Authority in accordance with the provisions of this 
subsection. 

(2) The exclusive representative may, on or before the 15th day 
after the date on which the agency first makes the allegation referred 
to in paragraph (1) of this subsection, institute an appeal under this 
subsection by — 

(A) filing a petition with the Authority ; and 

(B) furnishing a copy of the petition to the head of the agency. 

(3) On or before the 30th day after the date of the receipt by the 
head of the agency of the copy of the petition under paragraph (2) (B) 
of this subsection, the agency shall — 

(A) file with the Authority a statement — 
(i) withdrawing the allegation; or 

(ii) setting forth in full its reasons supporting the allega- 
tion; and 

(B) furnish a copy of such statement to the exclusive 
representative. 

(4) On or before the loth day after the date of the receipt by the 
exclusive representative of a copy of a statement under paragraph 
(3) (B) of this subsection, the exclusive representative shall file with 
the Authority its response to the statement. 

(5) A hearing may be held, in the discretion of the Authority, 
before a determination is made under this subsection. If a hearing is 
held, it shall not include the General Counsel as a party. 

(6) The Authority shall expedite proceedings under this subsection 
to the extent practicable and shall issue to the exclusive representa- 
tive and to the agency a written decision on the allegation and specific 
reasons therefor at the earliest practicable date. 

(d) (1) A labor organization which is the exclusive representative 
of a substantial number of employees, determined in accordance with 
criteria prescribed by the Authority, shall be granted consultation 
rights by any agency with respect to any Government-wide rule or reg- 
ulation issued by the agency effecting any substantive change in any 
condition of employment. Such consultation rights shall terminate 
when the labor organization no longer meets the criteria prescribed 
by the Authority. Any issue relating to a labor organization's eligibl- 
ity for, or continuation of, such consultation rights shall be subject to 
determination by the Authority. 

(2) A labor organization having consultation rights under para- 
graph ( 1 ) of this subsection shall — 

(A) be informed of any substantive change in conditions of 
employment proposed by the agency, and 



359 Sec. 7118 

(B) shall be permitted reasonable time to present its views 
and recommendations regarding the changes. 
(3) If any views or recommendations are presented under para- 
graph (2) of this subsection to an agency by any labor organization — 

(A) the agency shall consider the views or recommendations 
before taking final action on any matter with respect to which the 
views or recommendations are presented ; and 

(B) the agency shall provide the labor organization a written 
statement of the reasons for taking the final action. 

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1205.) 

§ 7118. Prevention of unfair labor practices 

(a) (1) If any agency or labor organization is charged by any 
person with having engaged in or engaging in an unfair labor prac- 
tice, the General Counsel shall investigate the charge and may issue 
and cause to be served upon the agency or labor organization a com- 
plaint. In any case in which the General Counsel does not issue a com- 
plaint because the charge fails to state an unfair labor practice, the 
General Counsel shall provide the person making the charge a written 
statement of the reasons for not issuing a complaint. 

(2) Any complaint under paragraph (1) of this subsection shall 
contain a notice — 

(A) of the charge; 

(B) that a hearing will be held before the Authority (or any 
member thereof or before an individual employed by the 
authority and designated for such purpose) ; and 

( C ) of the time and place fixed for the hearing. 

(3) The labor organization or agency involved shall have the right 
to file an answer to the original and any amended complaint and to 
appear in person or otherwise and give testimony at the time and place 
fixed in the complaint for the hearing. 

(4) (A) Except as provided in subparagraph (B) of this para- 
graph, no complaint shall be issued based on any alleged unfair labor 
practice which occurred more than 6 months before the filing of the 
charge with the Authority. 

(B) If the General Counsel determines that the person filing any 
charge was prevented from filing the charge during the 6-month period 
referred to in subparagraph (A) of this paragraph by reason of— 

(i) any failure of the agency or labor organizations against 
which the charge is made to perform a duty owed to the person, 
or 

(ii) any concealment which prevented discovery of the 
alleged unfair labor practice during the 6-month period, 
the General Counsel may issue a complaint based on the charge if 
the charge was filed during the 6-month period beginning on the day 
of the discovery by the person of the alleged unfair labor practice. 

(5) The General Counsel may prescribe regulations providing for 
informal methods by which the alleged unfair labor practice may be 
resolved prior to the issuance of a complaint. 

(6) The Authority (or any member thereof or any individual 
employed by the Authority and designated for such purpose) shall con- 
duct a hearing on the complaint not earlier than 5 days after the date 



Sec. 7119 360 

on which the complaint is served. In the discretion of the individual 
or individuals conducting the hearing, any person involved may be 
allowed to intervene in the hearing and to present testimony. Any such 
hearing shall, to the extent practicable, be conducted in accordance 
with the provisions of subchapter II of chapter 5 of this title, except 
that the parties shall not be bound by rules of evidence, whether statu- 
tory, common law, or adopted by a court, A transcript shall be kept 
of the hearing. After such a hearing the Authority, in its discretion, 
may upon notice receive further evidence or hear argument, 

(7) If the Authority (or any member thereof or any individual 
employed by the Authority and designated for such purpose) deter- 
mines after any hearing on a complaint under paragraph (5) of this 
subsection that the preponderance of the evidence received demon- 
strates that the agency or labor organization named in the complaint 
has engaged in or is engaging in an unfair labor practice, then the 
individual or individuals conducting the hearing shall state in writing 
their findings of fact and shall issue and cause to be served on the 
agency or labor organization an order — 

(A) to cease and desist from any such unfair labor practice 
in which the agency or labor organization is engaged; 

(B) requiring the parties to renegotiate a collective bargain- 
ing agreement in accordance with the order of the Authority and 
requiring that the agreement, as amended, be given retroactive 
effect ; 

(C) requiring reinstatement of an employee with backpay in 
accordance with section 5596 of this title ; or 

(D) including any combination of the actions described in sub- 
paragraphs (A ' through (C) of this paragraph or such other 
action as will carry out the purpose of this chapter. 

If any such order requires reinstatement of an employee with backpay, 
backpay may be required of the agency (as provided in section 5596 
of this title) or of the labor organization, as the case may be, which is 
found to have engaged in the unfair labor practice involved. 

(8) If the individual or individuals conducting the hearing deter- 
mine that the preponderance of the evidence received fails to demon- 
strate that the agency or labor organization named in the complaint 
has engaged in or is engaging in an unfair labor practice, the indi- 
vidual or individuals shall state in writing their findings of fact and 
shall issue an order dismissing the complaint. 

(b) In connection with any matter before the Authority in any 
proceeding under this section, the Authority may request, in accord- 
ance with the provisions of section 7105(1) of this title, from the 
Director of the Office of Personnel Management an advisory opinion 
concerning the proper interpretation of rules, regulations, or other 
policy directives issued by the Office of Personnel Management, (Pub. 
L. 95-454, Oct. 13, 1978, 92 Stat. 1207.) 
§7119. Negotiation impasses; Federal Service Impasses Panel 

(a) The Federal Mediation and Conciliation Service shall provide 
services and assistance to agencies and exclusive representatives in the 
resolution of negotiation impasses. The Service shall determine under 
what circumstances and in what manner it shall provide services and 
assistance. 






> 



361 Sec. 7119 

(b) If voluntary arrangements, including the services of the Fed- 
eral Mediation and Conciliation Service or any other third party 
mediation, fail to resolve a negotiation impasse — 

(1) either party may request the Federal Service Impasses 
Panel to consider the matter, or 

(2) the parties may agree to adopt a procedure for binding 
arbitration of the negotiation impasse, but only if the procedure 
is approved by the Panel. 

(c) (1) The Federal Service Impasses Panel is an entity within the 
Authority, the function of which is to provide assistance in resolving 
negotiation impasses between agencies and exclusive representatives. 

(2) The Panel shall be composed of a Chairman and at least six 
other members, who shall be appointed by the President, solely on the 
basis of fitness to perform the duties and functions involved, from 
among individuals who are familiar with Government operations and 
knowledgeable in labor-management relations. 

(3) Of the original members of the Panel, 2 members shall be 
appointed for a term of 1 year, 2 members shall be appointed for a term 
of 3 years, and the Chairman and the remaining members shall be 
appointed for a term of 5 years. Thereafter each member shall be 
appointed for a term of 5 years, except that an individual chosen to fill 
a vacancy shall be appointed for the unexpired term of the member 
replaced. Any member of the Panel may be removed by the President. 

(4) The Panel may appoint an Executive Director and any other 
individuals it may from time to time find necessary for the proper per- 
formance of its duties. Each member of the Panel who is not an 
employee (as defined in section 2105 of this title) is entitled to pay at 
a rate equal to the daily equivalent of the maximum annual rate of 
basic pay then currently paid under the General Schedule for each 
day he is engaged in the performance of official business of the Panel, 
including travel time, and is entitled to travel expenses as provided 
under section 5703 of this title. 

(5) (A) The Panel or its designee shall promptly investigate any 
impasse presented to it under subsection (b) of this section. The Panel 
shall consider the impasse and shall either — 

(i) recommend to the parties procedures for the resolution of 
the impasse ; or 

(ii) assist the parties in resolving the impasse through what- 
ever methods and procedures, including factfinding and recom- 
mendations, it may consider appropriate to accomplish the purpose 
of this section. 

(B) If the parties do not arrive at a settlement after assistance by 
the Panel under subparagraph (A) of this paragraph, the Panel 
may— 

(i) hold hearings ; 

(ii) administer oaths, take the testimony or deposition of any 
person under oath, and issue subpenas as provided in section 
7132 of this title; and 

(iii) take whatever action is necessary and not inconsistent 
with this chapter to resolve the impasse. 

(C) Notice of any final action of the Panel under this section shall 
be promptly served upon the parties, and the action shall be binding 



Sec. 7120 362 

on such parties during the term of the agreement, unless the parties 
agree otherwise. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1208.) 

§ 7120. Standards of conduct for labor organizations 

(a) An agency shall only accord recognition to a labor organiza- 
tion that is free from corrupt influences and influences opposed to 
basic democratic principles. Except as provided in subsection (b) of 
this section, an organization is not required to prove that it is free 
from such influences if it is subject to governing; requirements adopted 
by the organization or by a national or international labor organiza- 
tion or federation of labor organizations with which it is affiliated, 
or in which it participates, containing explicit and detailed provisions 
to which it subscribes calling for — 

(1) the maintenance of democratic procedures and practices 
including provisions for periodic elections to be conducted sub- 
ject to recognized safeguards and provisions defining and secur- 
ing the right of individual members to participate in the affairs 
of the organization, to receive fair and equal treatment under the 
governing rules of the organization, and to receive fair process 
in disciplinary proceedings ; 

(2) the exclusion from office in the organization of persons 
affiliated with communist or other totalitarian movements and 
persons identified with corrupt influences ; 

(3) the prohibition of business or financial interests on the 
part of organization officers and agents which conflict with their 
duty to the organization and its members ; and 

(4) the maintenance of fiscal integrity in the conduct of the 
affairs of the organization, including provisions for accounting 
and financial controls and regular financial reports or summaries 
to be made available to members. 

(b) Notwithstanding the fact that a labor organization has 
adopted or subscribed to standards of conduct as provided in subsec- 
tion (a) of this section, the organization is required to furnish evi- 
dence of its freedom from corrupt influences or influences opposed to 
basic democratic principles if there is reasonable cause to believe that — 

(1) the organization has been suspended or expelled from, or 
is subject to other sanctions, by a parent labor organization, or 
federation of organizations with which it had been affiliated, 
because it has demonstrated an unwillingness or inability to com- 
ply with governing requirements comparable in purpose to those 
required by subsection (a) of this section; or 

(2) the organization is in fact subject to influences that would 
preclude recognition under this chapter. 

(c) A labor organization which has or seeks recognition as a rep- 
resentative of employees under this chapter shall file financial and 
other reports with the Assistant Secretary of Labor for Labor Manage- 
ment Relations, provide for bonding of officials and employees of the 
organization, and comply with trusteeship and election standards. 

(d) The Assistant Secretary shall prescribe such regulations as are 
necessary to carry out the purposes of this section. Such regulations 
shall conform generally to the principles applied to labor organiza- 
tions in the private sector. Complaints of violations of this section 



363 Sec. 7120 

shall be filed with the Assistant Secretary. In any matter arising 
under this section, the Assistant Secretary may require a labor organi- 
zation to cease and desist from violations of this section and require 
it to take such actions as he considers appropriate to carry out the 
policies of this section. 

(e) This chapter does not authorize participation in the manage- 
ment of a labor organization or acting as a representative of a labor 
organization by a management official, a supervisor, or a confidential 
employee, except as specifically provided in this chapter, or by an 
employee if the participation or activity would result in a conflict or 
apparent conflict of interest or would otherwise be incompatible with 
law or with the official duties of the employee. 

(f) In the case of any labor organization which by omission or 
commission has willfully and intentionally, with regard to any strike, 
work stoppage, or slowdown, violated section 7116(b) (7) of this title, 
the Authority shall, upon an appropriate finding by the Authority of 
such violation — 

(1) revoke the exclusive recognition status of the labor orga- 
nization, which shall then immediately cease to be legally entitled 
and obligated to represent employees in the unit ; or 

(2) take any other appropriate disciplinary action. 
(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1210.) 



Sec. 7121 364 



SUBCHAPTER III— GRIEVANCES 1 

§ 7121. Grievance procedures 

(a)(1) Except as provided in paragraph (2) of this subsection, 
any collective bargaining agreement shall provide procedures for the 
settlement of grievances, including questions of arbitrability. Except 
as provided in subsections (d) and (e) of this section, the procedures 
shall be the exclusive procedures for resolving grievances which fall 
within its coverage. 

(2) Any collective bargaining agreement may exclude any matter 
from the application of the grievance procedures which are provided 
for in the agreement. 

(b) Any negotiated grievance procedure referred to in subsection 
(a) of this section shall — 

(1) be fair and simple, 

(2) provide for expeditious processing, and 

(3) include procedures that — 

(A) assure an exclusive representative the right, in its 
own behalf or on behalf of any employee in the unit repre- 
sented by the exclusive representative, to present and process 
grievances ; 

(B) assure such an employee the right to present a griev- 
ance in the employee's own behalf, and assure the exclusive 
representative the right to be present during the grievance 
proceeding ; and 

(C) provide that any grievance not satisfactorily settled 
under the negotiated grievance procedure shall be subject 
to binding arbitration which may be invoked by either the 
exclusive representative or the agency. 

(c) The preceding subsections of this section shall not apply with 
respect to any grievance concerning — 

(1) any claimed violation of subchapter III of chapter 73 of 
this title (relating to prohibited political activities) ; 

(2) retirement, life insurance, or health insurance ; 

(3) a suspension or removal under section 7532 of this title ; 

(4) any examination, certification, or appointment ; or 

(5) the classification of any position which does not result in 
the reduction in grade or pay of an employee. 

(d) An aggrieved employee affected by a prohibited personnel 
practice under section 2302(b) (1) of this title which also falls under 
the coverage of the negotiated grievance procedure may raise the 
matter under a statutory procedure or the negotiated procedure, but 
not both. An employee shall be deemed to have exercised his option 
under this subsection to raise the matter under either a statutory pro- 
cedure or the negotiated procedure at such time as the employee timely 
initiates an action under the applicable statutory procedure or timely 

1 Should be : "Subchapter III — Grievances, Appeals, and Review." 



365 Sec. 7122 

tiles a grievance in writing, in accordance with the provisions of the 
parties' negotiated procedure, whichever event occurs first. Selection 
of the negotiated procedure in no manner prejudices the right of an 
aggrieved employee to request the Merit Systems Protection Board to 
review the final decision pursuant to section 7702 of this title in the 
case of any personnel action that could have been appealed to the 
Board, or, where applicable, to request the Equal Employment Oppor- 
tunity Commission to review a final decision in any other matter 
involving a complain. Oi n crimination of the type prohibited by any 
law administered by the Equal Employment Opportunity Commission. 

(e) (1) Mattei-s covered under sections 4303 and 7512 of this title 
which also fall within the coverage of the negotiated grievance proce- 
dure may, in the discretion of the aggrieved employee, be raised either 
under the appellate procedures of section 7701 of this title or under 
the negotiated grievance procedure, but not both. Similar matters 
which arise under other personnel systems applicable to employees 
covered by this chapter may, in the discretion of the aggrieved 
employee, be raised either under the appellate procedures, if any, 
applicable to those matters, or under the negotiated grievance proce- 
dure, but not both. An employee shall be deemed to have exercised his 
option under this subsection to raise a matter either under the applica- 
ble appellate procedures or under the negotiated grievance procedure 
at sucn time as the employee timely files a notice of appeal under the 
applicable appellate procedures or timely files a grievance in writing 
in accordance with the provisions of the parties' negotiated grievance 
procedure, whichever event occurs first. 

(2) In matters covered under sections 4303 and 7512 of this title 
which have been raised under the negotiated grievance procedure in 
accordance with this section, an arbitrator shall be governed by section 
7701(c) (1) of this title, as applicable. 

(f) In matters covered under sections 4303 and 7512 of this title 
which have been raised under the negotiated grievance procedure in 
accordance with this section, section Y703 of this title pertaining to 
judicial review shall apply to the award of an arbitrator in the same 
manner and under the same conditions as if the matter had been 
decided by the Board. In matters similar to those covered under sec- 
tions 4303 and 7512 of this title which arise under other personnel 
systems and which an aggrieved employee has raised under the nego- 
tiated grievance procedure, judicial review of an arbitrator's award 
may be obtained in the same manner and on the same basis as could 
be obtained of a final decision in such matters raised under applicable 
appellate procedures. (Pub. L. 95-454. Oct. 13, 1978, 92 Stat. 1211.) 

§7122. Exceptions to arbitral awards 

(a) Either party to arbitration under this chapter may file with the 
Authority an exception to any arbitrators award pursuant to the 
arbitration (other than an award relating to a matter described in 
section 7121(f) of this title). If upon review the Authority finds that 
the award is deficient — 

(1) because it is contrary to any law, rule, or regulation; or 

(2) on other grounds similar to those applied by Federal courts 
in private sector labor-management relations ; 



35-550 O - 79 - 25 



Sec. 7123 366 

the authority may take such action and make such recommendations 
concerning the award as it considers necessary, consistent with appli- 
cable laws, rules, or regulations. 

(b) If no exception to an arbitrator's award is filed under subsec- 
tion (a) of this section during the 30-day period beginning on the date 
of such award, the award shall be final and binding. An agency shall 
take the actions required by an arbitrator's final award. The award 
may include the payment of backpay (as provided in section 5596 of 
this title). (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1212.) 

§7123. Judicial review; enforcement 

(a) Any person aggrieved by any final order of the Authority 
other than an order under — 

(1) section 7122 of this title (involving an award by an arbi- 
trator), unless the order involves an unfair labor practice under 
section 7118 of this title, or 

(2) section 7112 o£ this title (involving an appropriate unit 
determination), 

may, during the 60-day period beginning on the date on which the 
order was issued, institute an acticn for judicial review of the Author- 
ity's order in the United States court of appeals in the circuit in which 
the person resides or transacts business or in the United States Court 
of Appeals for the District cf Columbia. 

(b) The Authority may petition any appropriate United States 
court of appeals for the enforcement of any order of the Authority 
and for appropriate temporary relief or restraining order. 

(c) Upon the filing of a petition under subsection (a) of this 
section for judicial review or under subsection (b) of this section for 
enforcement, the Authority shall file in the court the record in the 
proceedings, as provided in section 2112 of title 28. Upon the filing of 
the petition, the court shall cause notice thereof to be served to the 
parties involved, and thereupon shall have jurisdiction of the proceed- 
ing and of the question determined therein and may grant any tem- 
porary relief (including a temporary restraining order) it considers 
just and proper, and may make and enter a decree affirming and 
enforcing, modifying and enforcing as so modified, or setting aside in 
whole or in part the order of the Authority. The filing of a petition 
under subsection (a) or (b) of this section shall not operate as a stay 
of the Authority's order unless the court specifically orders the stay. 
Review of the Authority's order shall be on the record in accordance 
with section 706 of this title. No objection that has not been urged 
before the Authority, or its designee, shall be considered by the court, 
unless the failure or neglect to urge the objection is excused because 
of extraordinary circumstances. The findings of the Authority with 
respect to questions of fact, if supported by substantial evidence on 
the record considered as a whole, shall be conclusive. If any person 
applies to the court for leave to adduce additional evidence and shows 
to the satisfaction of the court that the additional evidence is material 
and that there were reasonable grounds for the failure to adduce the 
evidence in the hearing before the Authority, or its designee, the court 
may order the additional evidence to be taken before the Authority, or 
its designee, and to be made a part of the record. The Authority may 



367 Sec. 7123 

modify its findings as to the facts, or make new findings by reason of 
additional evidence so taken and filed. The Authority shall file its 
modified or new findings, which, with respect to questions of fact, if 
supported by substantial evidence on the record considered as a whole, 
shall be conclusive. The Authority shall file its recommendations, if 
any, for the modification or setting aside of its original order. Upon 
the filing of the record with the court, the jurisdiction of the court 
shall be exclusive and its judgment and decree shall be final, except 
that the judgment and decree shall be subject to review by the 
Supreme Court of the United States upon writ of certiorari or cer- 
tification as provided in section 1254 of title 28. 

(d) The Authority may, upon issuance of a complaint as pro- 
vided in section 7118 of this title charging that any person has engaged 
in or is engaging in an unfair labor practice, petition any United 
States district court within any district in which the unfair labor prac- 
tice in question is alleged to have occurred or in which such person 
resides or transacts business for appropriate temporary relief (includ- 
ing a restraining order) . Upon the filing of the petition, the court shall 
cause notice thereof to be served upon the person, and thereupon shall 
have jurisdiction to grant any temporary relief (including a temporary 
restraining order) it considers just and proper. A court shall not grant 
any temporary relief under this section if it would interfere with the 
ability of the agency to carry out its essential functions or if the 
Authority fails to establish probable cause that an unfair labor 
practice is being committed. (Pub. L. 95-454, Oct, 13, 1978, 92 Stat. 
1213.) 



Sac. 7131 368 



SUBCHAPTER IV— ADMINISTRATIVE AND OTHER 

PROVISIONS 

§7131. Official time 

(a) Any employee representing an exclusive representative in the 
negotiation of a collective bargaining agreement under this chapter 
shall be authorized official time for such purposes, including attend- 
ance at impasse proceeding, during the time the employee otherwise 
would be in a duty status. The number of employees for whom official 
time is authorized under this subsection shall not exceed the number 
of individuals designated as representing the agency for such purposes. 

(b) Any activities performed by any employee relating to the 
internal business of a labor organization (including the solicitation of 
membership, elections of labor organization officials, and collection of 
dues) shall be performed during the time the employee is in a non- 
duty status. 

(c) Except as provided in subsection (a) of this section, the 
Authority shall determine whether any employee participating for, or 
on behalf of, a labor organization in any phase of proceedings before 
the Authority shall be authorized official time for such purpose during 
the time the employee otherwise would be in a duty status. 

(d) Except as provided in the preceding subsections of this 
section — 

(1) any employee representing an exclusive representative, or 

(2) in connection with any other matter covered by this chap- 
ter, any employee in an appropriate unit represented by an 
exclusive representative, 

shall be granted official time in any amount the agency and the exclu- 
sive representative involved agree to be reasonable, necessary, and in 
the public interest. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1214.) 

§7132. Subpenas 

(a) Any member of the Authority, the General Counsel, or the 
Panel, any administrative law judge appointed by the Authority under 
section 3105 of this title, and any employee of the Authority desig- 
nated by the Authority may — 

(1) issue subpenas requiring the attendance and testimony of 
witnesses and the production of documentary or other evidence 
from any place in the United States; and 

(2) administer oaths, take or order the taking of depositions, 
order responses to written interrogatories, examine witnesses, and 
receive evidence. 

No subpena shall be issued under this section which requires the dis- 
closure of intramanagament guidance, advice, counsel, or training 
within an agency or between tin agency and the Office of Personnel 
Management. 



369 Sec. 7133 

(b) In the case of contumacy or failure to obey a subpena issued 
under subsection (a)(1) of this section, the United States district court 
for the judicial district in which the person to whom the subpena is 
addressed resides or is served may issue an order requiring such person 
to appear at any designated place to testify or to produce documentary 
or other evidence. Any failure to obey the order of the court may be 
punished by the court as a contempt thereof. 

(c) Witnesses (whether appearing voluntarily or under subpena) 
shall be paid the same fee and mileage allowances which are paid sub- 
penaed witnesses in the courts of the United States. (Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1214.) 

§7133. Compilation and publication of data 

(a) The Authority shall maintain a file of its proceedings and copies 
of all available agreements and arbitration decisions, and shall publish 
the texts of its decisions and the actions taken by the Panel under sec- 
tion 7119 of this title. 

(b) All files maintained under subsection (a) of this section shall 
be open to inspection and reproduction in accordance with the provi- 
sions of sections 552 and 552a of this title. (Pub. L. 95-454, Oct. 13 
1978, 92 Stat. 1215.) 

g7134. Regulations 

The Authority, the General Counsel, the Federal Mediation and 
Conciliation Service, the Assistant Secretary of Labor for Labor Man- 
agement Relations, and the Panel shall each prescribe rules and reg- 
ulations to carry out the provisions of this chapter applicable to each 
of them, respectively. Provisions of subchapter II of chapter 5 of 
this title shall be applicable to the issuance, revision, or repeal of any 
such rule or regulation. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat, 1215.) 

§7135. Continuation of existing laws, recognitions, agreements, 
and procedures 

(a) Nothing contained in this chapter shall preclude — 

(1) the renewal or continuation of an exclusive recognition, 
certification of an exclusive representative, or a lawful agreement 
between an agency and an exclusive representative of its employ- 
ees, which is entered into before the effective date of this chapter ; 
or 

(2) the renewal, continuation, or initial according of recogni- 
tion for units of management officials or supervisors represented 
by labor organizations which historically or traditionally repre- 
sent management officials or supervisors in private industry and 
which hold exclusive recognition for units of such officials or su- 
pervisors in any agency on the effective date of this chapter. 

(b) Policies, regulations, and procedures established under and 
decisions issued under Executive Orders 11491, 11616, 11636, 11787, 
and 11838, or under any other Executive order, as in effect on the effec- 
tive date of this chapter, shall remain in full force and effect until 
revised or revoked by the President, or unless superseded by specific 
provisions of this chapter or by regulations or decisions issued pur- 
suant to this chapter." (Pub. L. 95-454, Oct. 3, 1978, 92 Stat. 1215.) 



Sec. 7201 370 



CHAPTER 72— ANTIDISCRIMINATION; RIGHT TO 
PETITION CONGRESS 

SUBCHAPTER I— ANTIDISCRIMINATION IN EMPLOYMENT 

Sec. 

7201. Antidiscrimination policy ; minority recruitment program. 

7202. Marital status. 

7203. Handicapping condition. 

7204. Other prohibitions. 

SUBCHAPTER II— EMPLOYEES' RIGHT TO PETITION CONGRESS 
7211. Employees' right to petition Congress. 

SUBCHAPTER I— ANTIDISCRIMINATION IN 
EMPLOYMENT 

§ 7201. Antidiscrimination policy ; minority recruitment program 

(a) For the purpose of this section — 

(1) "underrepresentation" means a situation in which the num- 
ber of members of a minority group designation (determined by 
the Equal Employment Opportunity Commission in consultation 
with the Office of Personnel Management, on the basis of the policy 
set forth in subsection (b) of this section) within a category of 
civil service employment constitutes a lower percentage of the 
total number of employees within the employment category than 
the percentage that the minority constituted within the labor 
force of the United States, as determined under the most recent 
decennial or mid-decade census, or current population survey, 
under title 13, and 

(2) "category of civil service employment" means — 

(A) each grade of the General Schedule described in sec- 
tion 5104 of this title ; 

(B) each position subject to subchapter IV of chapter 53 
of this title ; 

(C) such occupational, professional, or other groupings 
(including occupational series) within the categories estab- 
lished under subparagraphs (A) and (B) of this paragraph 
as the Office determines appropriate. 

(b) It is the policy of the United States to insure equal employment 
opportunities for employees without discrimination because of race, 
color, religion, sex, or national origin. The President shall use his 
existing authority to carry out this policy. 

(c) Not later than 180 days after the date of the enactment of the 
Civil Service Reform Act of 1978, the Office of Personnel Management 
shall, by regulation, implement a minority recruitment program which 
shall provide, to the maximum extent practicable — 

(1) that each Executive agency conduct a continuing program 
for tne recruitment of members of minorities for positions in the 
agency to carry out the policy set forth in subsection (b) in a 



371 Sec. 7202 

manner designed to eliminate underrepresentation of minorities in 
the various categories of civil service employment within the Fed- 
eral service, with special efforts directed at recruiting in minority 
communities, in educational institutions, and from other sources 
from which minorities can be recruited ; and 

(2) that the Office conduct a continuing program of — 

(A) assistance to agencies in carrying out programs under 
paragraph (1) of this subsection, and 

(B) evaluation and oversight and such recruitment pro- 
grams to determine their effectiveness in eliminating such 
minority underrepresentation. 

(d) Xot later than 60 days after the date of the enactment of the 
Civil Service Reform Act of 1978, the Equal Employment Opportu- 
nity Commission shall — 

(1) establish the guidelines proposed to be used in carrying out 
the program required under subsection (c) of this section; and 

(2) make determinations of underrepresentation which are pro- 
posed to be used initially under such program ; and 

(3) transmit to the Executive agencies involved, to the Office 
of Personnel Management, and to the Congress the determinations 
made under paragraph (2) of this subsection. 

(e) Xot later than January 31 of each year, the Office shall prepare 
and transmit to each House of the Congress a report on the activities 
of the Office and of Executive agencies under subsection (c) of this 
section, including the affirmative action plans submitted under sec- 
tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), the 
personnel data file maintained by the Office of Personnel Management, 
and any other data necessary to evaluate the effectiveness of the pro- 
gram for each category of civil service employment and for each 
minority group designation, for the preceding fiscal year, together 
with recommendations for administrative or legislative action the 
Office considers appropriate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
523; amended, Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1152, 1216.) 

§7202. Marital status 

(a) The President may prescribe rules which shall prohibit, as 
nearly as conditions of good administration warrant, discrimination 
because of marital status in an Executive agency or in the competitive 
service. 

(b) Regulations prescribed under any provision of this title, or 
under any other provision of law, granting benefits to employees, shall 
provide the same benefits for a married female employee and her 
spouse and children as are provided for a married male employee and 
his spouse and children. 

(c) Xot withstanding any other provision of law, any provision of 
law providing a benefit to a male Federal employee or to his spouse 
or family shall be deemed to provide the same benefit to a female 
Federal employee or to her spouse or family. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 523, amended Pub. L. 92-187, § 3, Dec. 15, 1971, 85 
Stat. 644 ; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1216.) 

§7203. Handicapping condition 

The President may prescribe rules which shall prohibit, as nearly 
as conditions of good administration warrant, discrimination because 



CHAPTER 73— SUITABILITY, SECURITY, AND CONDUCT 

SUBCHAPTER I— REGULATION OF CONDUCT 

Sec. 

7301. Presidential regulations. 

SUBCHAPTER II— EMPLOYMENT LIMITATIONS 

7311. Loyalty and striking. 

7312. Employment and clearance ; individuals removed for national security. 

7313. Riots and civil disorders. 

SUBCHAPTER III— POLITICAL ACTIVITIES 

7321. Political contributions and services. 

7322. Political use of authority or influence ; prohibition. 

7323. Political contributions ; prohibition. 

7324. Influencing elections ; taking part in political campaigns ; prohibitions ; 

exceptions. 

7325. Penalties. 

7326. Nonpartisan political activity permitted. 

7327. Political activity permitted ; employees residing in certain municipalities. 

SUBCHAPTER IV— FOREIGN GIFTS AND DECORATIONS 

7341. [Repealed.] 

7342. Receipt and disposition of foreign gifts and decorations. 

SUBCHAPTER V— MISCONDUCT 

7351. Gifts to superiors. 

7352. Excessive and habitual use of intoxicants. 

(375) 



CHAPTER 73— SUITABILITY, SECURITY, AND CONDUCT 

SUBCHAPTER I— REGULATION OF CONDUCT 

Sec. 

7301. Presidential regulations. 

SUBCHAPTER II— EMPLOYMENT LIMITATIONS 

7311. Loyalty and striking. 

7312. Employment and clearance ; individuals removed for national security. 

7313. Riots and civil disorders. 

SUBCHAPTER III— POLITICAL ACTIVITIES 

7321. Political contributions and services. 

7322. Political use of authority or influence ; prohibition. 

7323. Political contributions ; prohibition. 

7324. Influencing elections ; taking part in political campaigns ; prohibitions ; 

exceptions. 

7325. Penalties. 

7326. Nonpartisan political activity permitted. 

7327. Political activity permitted ; employees residing in certain municipalities. 

SUBCHAPTER IV— FOREIGN GIFTS AND DECORATIONS 

7341. [Repealed.] 

7342. Receipt and disposition of foreign gifts and decorations. 

SUBCHAPTER V— MISCONDUCT 

7351. Gifts to superiors. 

7352. Excessive and habitual use of intoxicants. 



(375) 



Sec. 7301 376 



SUBCHAPTER I— REGULATION OF CONDUCT 

§ 7301. Presidential regulations 

The President may prescribe regulations for the conduct of em- 
ployees in the executive branch. (Pub. L. 89-554, Sept. 6, 19G6, 80 
Stat. 524.) 



377 Sec. 7311 



SUBCHAPTER II— EMPLOYMENT LIMITATIONS 

§7311. Loyalty and striking 

An individual may not accept or hold a position in the Government 
of tne United States or the government of the District of Columbia 
if he— 

(1) advocates the overthrow of our constitutional form of 
government ; 

(2) is a member of an organization that he knows advocates the 
overthrow of our constitutional form of government; 

(3) participates in a strike, or asserts the right to strike, against 
the Government of the United States or the government of the 
District of Columbia ; or 

(4) is a member of an organization of employees of the Gov- 
ernment of the United States or of individuals employed by the 
government of the District of Columbia that he knows asserts the 
right to strike against the Government of the Linked States or the 
government of the District of Columbia. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.) 

§7312. Employment and clearance; individuals removed for 
national security 

Removal under section 7532 of this title does not affect the right of 
an individual so removed to seek or accept employment in an agency 
of the Linked States, other than the agency from which removed. 
However, the appointment of an individual so removed may be made 
only after the head of the agency concerned has consulted with the 
Office of Personnel Management. The Office, on written request of the 
head of the agency or the individual so removed, may determine 
whether the individual is eligible for employment in an agency other 
than the agency from which removed. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 524; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 

§ 7313. Riots and civil disorders 

(a) An individual convicted by any Federal, State, or local court 
of competent jurisdiction of — 

( 1 ) inciting a riot or civil disorder ; 

(2) organizing, promoting, encouraging, or participating in a 
riot or civil disorder ; 

(3) aiding or abetting any person in committing any offense 
specified in clause (1) or (2) ; or 

(4) any offense determined by the head of the employing agency 
to have been committed in furtherance of, or while participating 
in, a riot or civil disorder; 

shall, if the offense for which he is convicted is a felony, be ineligible 
to accept or hold any position in the Government of the United States 



Sec. 7313 378 

or in the government of the District of Columbia for the five years 
immediately following the date upon which his conviction becomes 
final. Any such individual holding a position in the Government of the 
United States or the government of the District of Columbia on the 
date his conviction becomes final shall be removed from such position, 
(b) For the purposes of this section, "felony" means any offense for 
which imprisonment is authorized for a term exceeding one year. 
(Added Pub. L. 90-351, § 1001(a), June 19, 1968, 82 Stat. 235.) 



379 Sec. 7321 



SUBCHAPTER III— POLITICAL ACTIVITIES 

§ 7321. Political contributions and services 

The President may prescribe rules which shall provide, as nearly 
as conditions of good administration warrant, that an employee in an 
Executive agency or in the competitive service is not obliged, by rea- 
son of that employment, to contribute to a political fund or to render 
political service, and that he may not be removed or otherwise preju- 
diced for refusal to do so. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525.) 

§7322. Political use of authority or influence; prohibition 

The President may prescribe rules which shall provide, as nearly as 
conditions of good administration warrant, that an employee in an 
Executive agency or in the competitive service may not use his official 
authority or influence to coerce the political action of a person or body. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525.) 

§ 7323. Political contributions ; prohibition 

An employee in an Executive agency (except one appointed by the 
President, by and with the advice and consent of the Senate) may not 
request or receive from, or give to, an employee, a Member of Congress, 
or an officer of a uniformed service a thing of value for political pur- 
poses. An employee who violates this section shall be removed from 
the service, (Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 525.) 

§7324. Influencing elections; taking part in political campaigns; 
prohibitions; exceptions 

(a) An employee in an Executive agency or an individual employed 
by the government of the District of Columbia may not — 

(1) use his official authority or influence for the purpose of 
interf erring with or affecting the result of an election; or 

(2) take an active part in political management or in political 
campaigns. 

For the purpose of this subsection, the phrase "an active part in politi- 
cal management or in political campaigns" means those acts of politi- 
cal management or political campaigning which were prohibited on 
the part of employees in the competitive service before July 19, 1940, 
by determinations of the Civil Service Commission x under the rules 
prescribed by the President. 

(b) An employee or individual to whom subsection (a) of this sec- 
tion applies retains the right to vote as he chooses and to express his 
opinion on political subjects and candidates. 

(c) Subsection (a) of this section does not apply to an individual 
employed by an educational or research institution, establishment, 
agency, or system which is supported in whole or in part by the District 
of Columbia or by a recognized religious, philanthropic, or cultural 
organization. 



Should be "Office of Personnel Management". 






Sec. 7325 380 

(d) Subsection (a) (2) of this section does not apply to — 

(1) an employee paid from the appropriation for the office of 
the President ; 

(2) the head or the assistant head of an Executive department 
or military department ; 

(3) an employee appointed by the President, by and with the 
advice and consent of the Senate, who determines policies to be 
pursued by the United States in its relations with foreign powers 
or in the nationwide administration of Federal laws; 

(4) the Mayor of the District of Columbia, the members of 
the Council of the District of Columbia, or the Chairman of the 
Council of the District of Columbia, as established by the District 
of Columbia Self-Government and Governmental Reorganization 
Act; or 

(5) the Recorder of Deeds of the District of Columbia. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525, amended Pub. L. 93-268, 
§ 4(a) , Apr. 17, 1974, 88 Stat. 87.) 

§7325. Penalties 

An employee or individual who violates section 7324 of tliis title 
shall be removed from his position, and funds appropriated for the 
position from which removed thereafter may not be used to pay the 
employee or individual. However, if the Civil Service Commission 1 
finds by unanimous vote that the violation does not warrant removal, 
a penalty of not less than 30 days' suspension without pay shall be 
imposed by direction of the Commission. 2 (Pub. L. 89-554, Sept. 6, 
1966, 80 Stat. 526.) 

§7326. Nonpartisan political activity permitted 

Section 7324(a) (2) of this title does not prohibit political activity 
in connection with — 

(1) an election and the preceding campaign if none of the 
candidates is to be nominated or elected at that election as repre- 
senting a party any of whose candidates for presidential elector 
received votes in the last preceding election at which presidential 
electors were selected ; or 

(2) a question which is not specifically identified with a 
National or State political party or political party of a territory 
or possession of the United States. 

For the purpose of this section, questions relating to constitutional 
amendments, referendums, approval of municipal ordinances, and 
others of a similar character, are deemed not specifically identified 
with a National or State political party or political party of a terri- 
tory or possession of the United States. (Pub. L. 89-554, Sept. 6, 1966, 
80 Stat. 526.) 

§ 7327. Political activity permitted ; employees residing in certain 
municipalities 

(a) Section 7324(a) (2) of this title does not apply to an employee 
of The Alaska Railroad who resides in a municipality on the line of the 
railroad in respect to political activities involving that municipality. 

(b) The Civil Service Commission l may prescribe regulations per- 
mitting employees and individuals to whom section 7324 of this title 

1 Should be "Office of Personnel Management". 
1 Should be "Office". 



381 Sec. 7327 

applies to take an active part in political management and political 
campaigns involving the municipality or other political subdivision in 
which they reside, to the extent the Commission 2 considers it to be in 
their domestic interest, when — 

(1) the municipality or political subdivision is in Maryland or 
Virginia and in the immediate vicinity of the District of Colum- 
bia, or is a municipality in which the majority of voters are em- 
ployed by the Government of the United States ; and 

(2) the Commission 2 determines that because of special or 
unusual circumstances which exist in the municipality or political 
subdivision it is in the domestic interest of the employees and 
individuals to permit that political participation. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 526.) 

2 Should be "Office". 



i 



I 



35-550 O - 79 - 26 



Sec. 7341 382 



SUBCHAPTER IV— FOREIGN GIFTS AND DECORATIONS 

§ 7341. Repealed. Pub. L. 90-83, § 1(45) (B), Sept. 11, 1967, 81 Stat. 

208. 

§ 7342. Receipt and disposition of foreign gifts and decorations 

(a) For the purpose of this section — 

(1) "employee" means — 

(A) an employee as defined by section 2105 of this title 
and an officer or employee of the United States Postal Service 
or of the Postal Rate Commission; 

(B) an expert or consultant who is under contract under 
section 3109 of this title with the United States or any agency, 
department, or establishment thereof, including, in the case 
of an organization performing services under such section, 
any individual involved in the performance of such services; 

(C) an individual employed by, or occupying an office or 
position in, the government of a territory or possession of the 
United States or the government of the District of Columbia ; 

(D) a member of a uniformed service : 

(E) the President and the Vice President ; 

(F) a Member of Congress as defined by section 2106 of 
this title (except the Vice President) and any Delegate to the 
Congress ; and 

(G) the spouse of an individual described in subpara- 
graphs (A) through (F) (unless such individual and his or 
her spouse are separated) or a dependent (within the mean- 
ing of section 152 of the Internal Revenue Code of 1954) of 
such an individual, other than a spouse or dependent who is 
an employee under subparagraphs (A) through (F) ; 

(2) "foreign government" means — 

(A) any unit of foreign governmental authority, includ- 
ing any foreign national, State, local, and municipal gov- 
ernment ; 

(B) any international or multinational organization whose 
membership is composed of any unit of foreign government 
described in subparagraph (A) ; and 

(C) any agent or representative of any such unit or such 
organization, while acting as such ; 

(3) "gift/' means a tangible or intangible present (other than 
a decoration) tendered by, or received from, a foreign 
government; 

(4) "decoration" means an order, device, medal, badge, insignia, 
emblem, or award tendered by, or received from, a foreign 
government; 

(5) "minimal value" means a retail value in the United States 
at the time of acceptance of $100 or less, except that — 



383 Sec. 7342 

(A) on January 1, 1981, and at 3 year intervals thereafter, 
"minimal value'' shall he refined in regulations prescribed 
by the Administrator of General Services, in consultation 
with the Secretary of State, to reflect changes in the con- 
sumer price index for the immediately preceding 3-year 
period ; and 

(B) regulations of an employing agency may define "mini- 
mal value" for its employees to be less than the value estab- 
lished under this paragraph ; and 

(6) "employing agency" means — 

(A) the Committee on Standards of Official Conduct of 
the House of Representatives, for Members and employees 
of the House of Representatives, except that those respon- 
sibilities specified in subsections (c) (2) (A), (e) (1) and (g) 
(2) (B) shall be carried out by the Clerk of the House; 

(B) the Select Committee on Ethics of the Senate, for 
Senators and employees of the Senate, except that those re- 
sponsibilities (other than responsibilities involving approval 
of the employing agency) specified in subsections (c)(2), 
(d), and (g)(2)(B) shall be carried out by the Secretary 
of the Senate ; 

(C) the Administrative Office of the United States Courts, 
for judges and judicial branch employees; and 

(D) the department, agency, office, or other entity in which 
an employee is employed, for other legislative branch em- 
ployees and for all executive branch employees. 

(b) An employee may not — 

(1) request or otherwise encourage the tender of a gift or 
decoration ; or 

(2) accept a gift or decoration, other than in accordance with 
the provisions of subsections (c) and (d) . 

(c)(1) The Congress consents to — 

(A) the accepting and retaining by an employee of a gift 
of minimal value tendered and received as a souvenir or mark of 
courtesy ; and 

(B) the accepting by an employee of a gift of more than minimal 
value when such gift is in the nature of an educational scholarship 
or medical treatment or when it appears that to refuse the gift 
would likely cause offense or embarrassment or otherwise ad- 
versely affect the foreign relations of the United States, except 
that— 

(i) a tangible gift of more than minimal value is deemed to 
have been accepted on behalf of the United States and, upon 
acceptance, shall become the property of the United States ; 
and 

(ii) an employee may accept gifts of travel or expenses for 
travel taking place entirely outside the United States (such 
as transportation, food, and lodging) of more than minimal 
value if such acceptance is appropriate, consistent with the 
interests of the United States, and permitted by the employing 
agency and any regulations which may be prescribed by the 
employing agency. 



Sec. 7342 384 

(2) Within 60 days after accepting a tangible gift of more than mini- 
mal value (other than a gift described in paragraph (1) (B) (ii) ), an 
employee shall — 

(A) deposit the gift for disposal with his or her employing 
agency ; or 

(B) subject to the approval of the employing agency, deposit 
the gift with that agency for official use. 

Within 30 days after terminating the official use of a gift under sub- 
paragraph (B), the employing agency shall forward the gift to the 
Administrator of General Services in accordance with subsection 
(e) (1) or provide for its disposal in accordance with subsection 

( e )'< 2 )- 

(3) When an employee deposits a gift of more than minimal value 

for disposal or for official use pursuant to paragraph (2) , or within 30 
days after accepting travel or travel expenses as provided in paragraph 
(1) (B) (ii) unless such travel or travel exepnses are accepted in ac- 
cordance with specific instructions of his or her employing agency the 
employee shall file a statement with his or her employing agency or its 
delegate containing the information prescribed in subsection (f) for 
that gift. 

(d) The Congress consents to the accepting, retaining, and wearing 
by an employee of a decoration tendered in recognition of active field 
service in time of combat operations or awarded for other outstanding 
or unusually meritorious performance, subject to the approval of the 
employing agency of such employee. Without this approval, the decora- 
tion is deemed to have been accented on behalf of the United States, 
shall become the property of the United States, and shall be deposited 
by the employee, within sixty days of acceptance, with the employing 
agency for official use for forwarding to the Administrator of General 
Services for disposal in accordance with subsection (e) (1), or for dis- 
posal in accordance with subsection (e) (2). 

(e) (1) Except as provided in paragraph (2), gifts and decorations 
that have been deposited with an employing agency for disposal shall 
be (A) returned to the donor, or (B) forwarded to the Administra- 
tor of General Services for transfers, donation, or other disposal in 
accordance with the provisions of the Federal Property and Admin- 
istrative Services Act of 1949. However, no gift or decoration that has 
been deposited for disposal may be sold without the approval of the 
Secretary of State, upon a determination that the sale will not ad- 
versely a fleet the foreign relations of the United States. Gifts and 
decorations may be sold by negotiated sale. 

(2) Gifts and decorations received by a Senator or an employee of 
the Senate that are deposited with the Secretary of the Senate for dis- 
posal, or are deposited for an official use which has terminated, shall be 
disposed of by the Commission on Arts and Antiquities of the United 
States Senate. Any such gift or decoration may be returned by the 
Commission to the donor or may be transferred or donated by the 
Commission, subject to such terms and conditions as it may prescribe, 
(A) to an agency or instrumentality of (\) the United States, (ii) a 
State, territory, or possession of the United States, of a political sub- 
division of the foregoing, or (iii) the District of Columbia, or (B) to 



385 Sec. 7342 

an organization described in section 501(c) (3) of the Internal Reve- 
nue Code of 1954 which is exempt from taxation under section 501(a) 
of such Code. Any such gift or decoration not disposed of as provided 
in the preceding sentence shall be forwarded to the Administrator of 
General Services for disposal in accordance with paragraph (1) . If the 
Administrator does not dispose of such gift or decoration within one 
year, he shall, at the request of the Commission, return it to the Com- 
mission and the Commission may dispose of such gift or decoration in 
such manner as it considers proper, except that such gift or decoration 
may be sold only with the approval of the Secretary of State upon a 
determination that the sale will not adversely affect the foreign rela- 
tions of the United States. 

(f)(1) Not later than January 31 of each year, each employing 
agency or its delegate shall compile a listing of all statements filed 
during the preceding year by the employees of that agency pursuant 
to subsection (c) (3) and shall transmit such listing to the Secretary 
of State who shall publish a comprehensive listing of all such state- 
ments in the Federal Register. 

(2) Such listings shall include for each tangible gift reported — 

(A) the name and position of the employee; 

(B) a brief description of the gift and the circumstances justi- 
fying acceptance ; 

(C) the identity, if known, of the foreign government and the 
name and position of the individual who presented the gift; 

( D ) the date of acceptance of the gift ; 

(E) the estimated value in the United States of the gift at the 
time of acceptance ; and 

(F) disposition or current location of the gift. 

(3) Such listings shall include for each gift of travel or travel 
expenses — 

(A) the name and position of the employee ; 

(B) a brief description of the gift and the circumstances 
justifying acceptance; and 

(C) the identity, if known, of the foreign government and the 
name and position of the individual who presented the gift. 

(4) In transmitting such listings for the Central Intelligence Agen- 
cy, the Director of Central Intelligence may delete the information 
described in subparagraphs (A) and (C) of paragraphs (2) and (3) 
if the Director certifies in writing to the Secretary of State that the 
publication of such information could adversely affect United States 
intelligence sources. 

(g)(1) Each employing agency shall prescribe such regulations as 
may be necessary to carry out the purpose of this section. For all 
employing agencies in the executive branch, such regulations shall be 
prescribed pursuant to guidance provided by the Secretary of State. 
These regulations shall be implemented by each employing agency for 
its employees. 

(2) Each employing agency shall — 

(A) report to the Attorney General cases in which there is 
reason to believe that an employee has violated this section ; 

(B) establish a procedure for obtaining an appraisal, when 
necessary, of the value of gifts; and 



Sec. 7351 386 

(C) take any other actions necessary to carry out the purpose 
of this section. 

(h) The Attorney General may bring a civil action in any district 
court of the United States against any employee who knowingly 
solicits or accepts a gift from a foreign government not consented to 
by this section or who fails to deposit or report such gift as required 
by this section. The court in which such action is brought may assess a 
penalty against such employee in any amount not to exceed the retail 
value of the gift improperly solicited or received plus $5,000. 

(i) The President shall direct all Chiefs of a United States Diplo- 
matic Mission to inform their host governments that it is a general 
policy of the United States Government to prohibit United States 
Government employees from receiving gifts or decorations of more 
than minimal value. 

(j) Nothing in this section shall be construed to derogate any regu- 
lation prescribed by any employing agency which provides for more 
stringent limitations on the receipt of gifts and decorations by its 
employees. 

(k) The provisions of this section do not apply to grants and other 
forms of assistance to which section 108 A of the Mutual Educational 
and Cultural Exchange Act of 1961 applies. (Pub. L. 95-105, Aug. 15, 
1977, 91 Stat. 862; Pub. L. 95-426, Oct. 7, 1978, 92 Stat. 994.) 

SUBCHAPTER V— MISCONDUCT 

§ 7351. Gifts to superiors 

An employee may not — 

(1) solicit a contribution from another employee for a gift to 
an official superior; 

(2) make a donation as a gift to an official superior; or 

(3) accept a gift from an employee receiving less pay than 
himself. 

An employee who violates this section shall be removed from the serv- 
ice. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 527.) 

§7352. Excessive and habitual use of intoxicants 

An individual who habitually uses intoxicating beverages to excess 
may not be employed in the competitive service. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat. 527.) 



i 



l 



CHAPTER 75— ADVERSE ACTIONS 

SUBCHAPTER I— SUSPENSION FOR 14 DAYS OR LESS 

Sec. 

7501. Definitions. 

7502. Actions covered. 

7503. Cause and procedure. 

7504. Regulations. 

SUBCHAPTER II— REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, 
REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS 

7511. Definitions ; application. 

7512. Actions covered. 

7513. Cause and procedure. 

7514. Regulations. 

SUBCHAPTER III— ADMINISTRATIVE LAW JUDGES 

7521. Actions against administrative law judges. 

SUBCHAPTER IV— NATIONAL SECURITY 

7531. Definitions. 

7532. Suspension and removal. 

7533. Effect on other statutes. 

SUBCHAPTER V— SENIOR EXECUTIVE SERVICE 

7541. Definitions. 

7542. Actions covered. 

7543. Cause and procedure. 

(387) 



Sec. 7501 388 



SUBCHAPTER I— SUSPENSION FOR 14 DAYS OR LESS 

§ 7501. Definitions 

For the purpose of this subchapter — 

(1) "employee" means an individual in the competitive service 
who is not serving a probationary or trial period under an initial 
appointment or who has completed 1 year of current continuous 
employment in the same or similar positions under other than a 
temporary appointment limited to 1 year or less ; and 

(2) "suspension" means the placing of an employee, for dis- 
ciplinary reasons, in a temporary status without duties and pay. 

(Pub. L. 95^L54, Oct. 13, 1978, 92 Stat. 1134.) 

§7502. Actions covered 

This subchapter applies to a suspension for 14 days or less, but 
does not apply to a suspension under section 7521 or 7532 of this title 
or any action initiated under section 1206 of this title. (Pub. L. 95-454, 
Oct. 13, 1978, 92 Stat. 1135.) 

§7503. Cause and procedure 

(a) Under regulations prescribed by the Office of Personnel Man- 
agement, an employee may be suspended for 14 days or less for such 
cause as will promote the efficiency of the service (including discourte- 
ous conduct to the public confirmed by an immediate supervisor's 
report of four such instances within any one-year period or any other 
pattern of discourteous conduct) . 

(b) An employee against whom a suspension for 14 days or less 
is proposed is entitled to — 

(1) an advance written notice stating the specific reasons for 
the proposed action ; 

(2) a reasonable time to answer orally and in writing and to 
furnish affidavits and other documentary evidence in support of 
the answer : 

(3) be represented by an attorney or other representative; and 

(4) a written decision and the specific reasons therefor at the 
earliest practicable date. 

(c) Copies of the notice of proposed action, the answer of the 
employee if written, a summary thereof if made orally, the notice of 
decision and reasons therefor, and any order effecting the suspension, 
together with any supporting material, shall be maintained by the 
agency and shall be furnished to the Merit Systems Protection Board 
upon its request and to the employee affected upon the employee's 
request. (Pub. L. 95-154, Oct. 13, 1978, 92 Stat. 1135.) 

§7504. Regulations 

The Office of Personnel Management may prescribe regulations to 
carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 1978, 
92 Stat. 1135.) 



389 Sec. 7511 



> 



SUBCHAPTER II— REMOVAL, SUSPENSION FOR MORE 
THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR 
FURLOUGH FOR 30 DAYS OR LESS 

§7511. Definitions; application 

(a) For the purpose of this subchapter — 

(1) "employee" means — 

(A) an individual in the competitive service who is not 
serving a probationary or trial period under an initial 
appointment or who has completed 1 year of current contin- 
uous employment under other than a temporary appointment 
limited to 1 year or less ; and 

(B) a preference eligible in an Executive agency in the 
excepted service, and a preference eligible in the United 
States Postal Service or the Postal Rate Commission, who has 
completed 1 year of current continuous service in the same or 
similar positions; 

(2) "suspension" has the meaning as set forth in section 7501 (2) 
of this title ; 

I (3) "grade" means a level of classification under a position 

classification system ; 

(4) "pay" means the rate of basic pay fixed by law or adminis- 
trative action for the position held by an employee ; and 

(5) "furlough" means the placing of an employee in a tempo- 
rary status without duties and pay because of lack of work or 
funds or other nondisciplinary reasons. 

(b) This subchapter does not apply to an employee — 

(1) whose appointment is made by and with the advice and 
consent of the Senate ; 

(2) whose position has been determined to be of a confidential, 
policy-determining, policy-making or policy-advocating char- 
acter by — 

(A) the Office of Personnel Management for a position 
that it has excepted from the competitive service ; or 

(B) the President or the head of an agency for a position 
which is excepted from the competitive service by statute. 

(c) The Office may provide for the application of this subchapter 
to any position or group of positions excepted from the competitive 
service by regulation of the Office (Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1135.) 

§ 7512. Actions covered 

This subchapter applies to — 
(1) a removal; 
| (2) a suspension for more than 14 days ; 

(3) a reduction in grade ; 



Sec. 7513 390 

(4) a reduction in pay ; and 

(5) a furlough of 30 days or less ; 
but does not apply to — 

(A) a suspension or removal under section 7532 of this title, 

(B) a reduction-in- force action under section 3502 of this title, 

(C) the reduction in grade of a supervisor or manager who 
has not completed the probationary period under section 3321 (a) 
(2) of this title if such reduction is to the grade held immediately 
before becoming such a supervisor or manager, 

(D) a reduction in grade or removal under section 4303 of this 
title, or 

(E) an action initiated under section 1206 or 7521 of this title. 

(Pub L. 95^54, Oct. 13, 1978, 92 Stat. 1136.) 
§ 7513. Cause and procedure 

(a) Under regulations prescribed by the Office of Personnel Man- 
agement, an agency may take an action covered by this subchapter 
against an employee only for such cause as will promote the efficiency 
of the service. 

(b) An employee against whom an action is proposed is entitled 
to— 

(1) at least 30 days' advance written notice, unless there is 
reasonable cause to believe the employee has committed a crime 
for which a sentence of imprisonment may be imposed, stating 
the specific reasons for the proposed action; 

(2) a reasonable time, but not less than 7 days, to answer 
orally and in writing and to furnish affidavits and other docu- 
mentary evidence in support of the answer ; 

(3) be represented by an attorney or other representative; and 

(4) a written decision and the specific reasons therefor at the 
earliest practicable date. 

(c) An agency may provide, by regulation, for a hearing which 
may be in lieu of or in addition to the opportunity to answer provided 
under subsection (b) (2) of this section. 

(d) An employee against whom an action is taken under this sec- 
tion is entitled to appeal to the Merit Systems Protection Board under 
section 7701 of this title. 

(e) Copies of the notice of proposed action, the answer of the 
employee when written, a summary thereof when made orally, the 
notice of decision and reasons therefor, and any order effecting an 
action covered by this subchapter, together with any supporting mate- 
rial, shall be maintained by the agency and shall be furnished to 'the 
Board upon its request and to the employee affected upon the 
employee's request. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1136.) 

§7514. Regulations 

The Office of Personnel Management may prescribe regulations to 
carry out the purpose of this subchapter, except as it concerns any 
matter with respect to which the Merit Systems Protection Board may 
prescribe regulations. (Pub. L. 95-154, Oct. 13, 1978, 92 Stat. 1137.) 



391 Sec. 7521 

I 

SUBCHAPTER III— ADMINISTRATIVE LAW JUDGES 

§7521. Actions against administrative law judges 

(a) An action may be taken against an administrative law judge 
appointed under section 3105 of this title by the agency in which the 
administrative law judge is employed only for good cause established 
and determined by the Merit Systems Protection Board on the record 
after opportunity for hearing before the Board. 

(b) The actions covered by this section are — 

(1) a removal; 

(2) a suspension; 

(3) a reduction in grade ; 

(4) a reduction in pay ; and 

( 5 ) a furlough of 30 days or less ; 
but do not include — 

(A) a suspension or removal under section 7532 of this title; 

(B ) a reduction-in-f orce action under section 3052 of this title ; 
or 

(C) any action initiated under section 1206 of this title. 

| (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1137.) 



i 



Sec. 7531 392 



SUBCHAPTER IV— NATIONAL SECURITY 

§7531. Definitions 

For the purpose of this subchapter, "agency" means — 

( 1 ) the Department of State ; 

( 2 ) the Department of Commerce ; 

( 3 ) the Department of Justice ; 

(4) the Department of Defense ; 

(5) a military department ; 

(6) the Coast Guard; 

(7) the Atomic Energy Commission ; 

(8) the National Aeronautics and Space Administration; and 

(9) such other agency of the Government of the United States 
as the President designates in the best interests of national 
security. 

The President shall report any designation to the Committees on the 
Armed Services of the Congress. (Pub. L. 89-554, Sept. 6, 1966, 80 
Stat. 528.) 

§7532. Suspension and removal 

(a) Notwithstanding other statutes, the head of an agency may sus- 
pend without pay an employee of his agency when he considers that 
action necessary in the interests of national security. To the extent that 
the head of the agency determines that the interest of national secu- 
rity permit, the suspended employee shall be notified of the reasons 
for the suspension. Within 30 days after the notification, the sus- 
pended employee is entitled to submit to the official designated by the 
head of the agency statements or affidavits to show why he should be 
restored to duty. 

(b) Subject to subsection (c) of this section, the head of any agency 
may remove an employee suspended under subsection (a) of this 
section when, after such investigation and review as he considers nec- 
essary, he determines that removal is necessary or advisable in the 
interests of national security. The determination of the head of the 
agency is final. 

(c) An employee suspended under subsection (a) of this section 
who — 

(1) has a permanent or indefinite appointment ; 

(2) has completed his probationary or trial period ; and 

(3) is a citizen of the United States ; 

is entitled, after suspension and before removal, to — 

(A) a written statement of the charges against him within 30 
days after suspension, which may be amended within 30 days 
thereafter and which shall be stated as specifically as security 
considerations permit; 



393 Sec. 7533 

(B) an opportunity within 30 days thereafter, plus an addi- 
tional 30 days if the charges are amended, to answer the charges 
and submit affidavits ; 

(C) a hearing, at the request of the employee, by an agency 
authority duly constituted for this purpose; 

(D) a review of his case by the head of the agency or his 
designee, before a decision adverse to the employee is made final ; 
and 

(E) a written statement of the decision of the head of the 
agency. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 529.) 

§7533. Effect on other statutes 

This subchapter does not impair the powers vested in the Atomic 
Energy Commission by chapter 23 of title 42, or the requirement in 
section 2201(d) of title 42 that adequate provision be made for admin- 
istrative review of a determination to dismiss an employee of the 
Atomic Energy Commission. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
529.) 



Sec. 7541 394 



SUBCHAPTER V— SENIOR EXECUTIVE SERVICE 

§7541. Definitions 

For the purpose of this subchapter — 

(1) "employee" means a career appointee in the Senior Execu- 
tive Service who — 

(A) has completed the probationary period prescribed un- 
der section 3393 (d) of this title ; or 

(B) was covered by the provisions of subchapter II of this 
chapter immediately before appointment to the Senior Ex- 
ecutive Service ; and 

(2) "suspension" has the meaning set forth in section 7501(2) 
of this title. 

(Pub L. 95-454, Oct. 13, 1978, 92 Stat. 1174.) 

§ 7542. Actions covered 

This subchapter applies to a removal from the civil service or sus- 
pension for more than 14 days, but does not apply to an action 
initiated under section 1206 of this title, to a suspension or removal 
under section 7532 of this title, or to a removal under section 3592 of 
this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1174.) 

§ 7543* Cause and procedure 

(a) Under regulations prescribed by the Office of Personnel Man- 
agement, an agency may take an action covered by this subchapter 
against an employee only for such cause as will promote the efficiency 
of the service. 

(b) An employee against whom an action covered by this sub- 
chapter is proposed is entitled to — 

(1) at least 30 days' advance written notice, unless there is rea- 
sonable cause to believe that the employee has committed a crime 
for which a sentence of imprisonment can be imposed, stating 
specific reasons for the proposed action ; 

(2) a reasonable time, but not less than 7 days, to answer orally 
and in writing and to furnish affidavits and other documentary 
evidence in support of the answer ; 

(3) be represented by an attorney or other representative; 
and 

(4) a written decision and specific reasons therefor at the 
earliest practicable date. 

(c) An agency may provide, by regulation, for a hearing which 
may l>e in lieu of or in addition to the opportunity to answer provided 
under subsection (b) (2). of this section. 

(d) An employee against whom an action is taken under this section 
is entitled to appeal to the Merit Systems Protection Board under 
section 7701 of this title. 



395 Sec. 7543 

(e) Copies of the notice of proposed action, the answer of the 
) employee when written, and a summary thereof when made orally, the 
notice of decision and reasons therefor, and any order effecting an 
action covered by this subchapter, together with any supporting mate- 
rial, shall be maintained by the agency and shall be furnished to the 
Merit Systems Protection Board upon its request and to the employee 
affected upon the employee's request. (Pub. L. 95-454, Oct. 13, 1978, 92 
Stat. 1174.) 



f 



397 Sec. 7701 



CHAPTER 77— APPEALS 

Sec. 

7701. Appellate procedures. 

7702. Actions involving discrimination. 

7703. Judicial review of decisions of the Merit Systems Protection Board. 

§7701. Appellate procedures 

(a) An employee, or applicant for employment, may submit an 
appeal to the Merit Systems Protection Board from any action which 
is appealable to the Board under any law, rule, or regulation. An 
appellant shall have the right — 

(1) to a hearing for which a transcript will be kept; and 

(2) to be represented by an attorney or other representative. 
Appeals shall be processed in accordance with regulations prescribed 
by the Board. 

(b) The Board may hear any case appealed to it or may refer the 
case to an administrative law T judge appointed under section 3105 of 
this title or other employee of the Board designated by the Board to 
hear such cases, except that in any case involving a removal from the 
service, the case shall be heard by the Board, an employee experienced 
in hearing appeals, or an administrative law judge. The Board, admin- 
istrative law judge, or other employee (as the case may be) shall make 
a decision after receipt of the written representations of the parties to 
the appeal and after opportunity for a hearing under subsection (a) 
(1) of this section. A copy of the decision shall be furnished to each 
party to the appeal and to the Office of Personnel Management. 

(c) (1) Subject to paragraph (2) of this subsection, the decision of 
the agency shall be sustained under subsection (b) only if the agency's 
decision — ■ 

(A) in the case of an action based on unacceptable perform- 
ance described in section 4303 of this title, is supported by sub- 
stantial evidence, or 

(B) in any other case, is supported by a preponderance of the 
evidence. 

(2) Notwithstanding paragraph (1), the agency's decision may not 
be sustained under subsection (b) of this section if the employee or 
applicant for employment — 

(A) shows harmful error in the application of the agency's 
procedures in arriving at such decision; 

(B) shows that the decision was based on any prohibited per- 
sonnel practice described in section 2302(b) of this title; or 

(C) shows that the decision was not in accordance with law. 
(d)(1) In any case in which — 

(A) the interpretation or application of any civil service law, 
rule, or regulation, under the jurisdiction of the Office of Person- 
nel Management is at issue in any proceeding under this section ; 
and 



35-550 O - 79 - 27 



Sec. 7701 398 

(B) the Director of the Office of Personnel Management is of 
the opinion that an erroneous decision would have a substantia] 
impact on any civil service law, rule, or regulation under the juris- 
diction of the Office; 
the Director may as a matter of right intervene or otherwise partici- 
pate in that proceeding before the Board. If the Director exercises his 
right to participate in a proceeding before the Board, he shall do so 
as early in the proceeding as practicable. Nothing in this title shall be 
construed to permit the Office to interfere with the independent deci- 
sionmaking of the Merit Systems Protection Board. 

(2) The Board shall promptly notify the Director whenever the 
interpretation of any civil service law, rule, or regulation under the 
jurisdiction of the Office is at issue in any proceeding under this 
section. 

(e) (1) Except as provided in section 7702 of this title, any decision 
under subsection (b) of this section shall be final unless — 

(A) a party to the appeal or the Director petitions the Board 
for review within 30 days after the receipt of the decision ; or 

(B) the Board reopens and reconsiders a case on its own 
motion. 

The Board, for good cause shown, may extend the 30-day period 
referred to in subparagraph (A) of this paragraph. One member of 
the Board may grant a petition or otherwise direct that a decision be 
reviewed by the full Board. The preceding sentence shall not apply 
if, by law, a decision of an administration law judge is required to be 
acted upon by the Board. 

(2) The Director may petition the Board for a review under para- 
graph (1) of this subsection only if the Director is of the opinion that 
the decision is erroneous and will have a substantial impact on any 
civil service law, rule, or regulation under the juridiction of the 
Office. 

(f) The Board, or an administrative law judge or other employee 
of the Board designated to hear a case, may — 

(1) consolidate appeals filed by two or more appellants, or 

(2) join two or more appeals filed by the same appellants and 
hear and decide them concurrently, 

if the deciding official or officials hearing the cases are of the opinion 
that the action could result in the appeals' being processed more 
expeditiously and would not adversely affect any party. 

(g)(1) Except as provided in paragraph (2) of this subsection, 
the Board, or an administrative law judge or other employee of the 
Board designated to hear a case, may require payment by the agency 
involved of reasonable attorney fees incurred by an employee or appli- 
cant for employment if the employee or applicant is the prevailing 
party and the Board, administrative law judge, or other employee, 
as the case may be, determines that payment by the agency is war- 
ranted in the interest of justice, including any case in which a prohib- 
ited personnel practice was engaged in by the agency or any case in 
which the agency's action was clearly without merit. 

(2) If an employee or applicant for employment is the prevailing 
party and the decision is based on a finding of discrimination prohib- 
ited under section 2302(b)(1) of this title, the payment of attorney 






399 Sec. 7702 

fees shall be in accordance with the standards prescribed under section 
706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)). 

(h) The Board may, by regulation, provide for one or more alter- 
native methods for settling matters subject to the appellate jurisdic- 
tion of the Board which shall be applicable at the election of an 
applicant for employment or of an employee who is not in a unit for 
which a labor organization is accorded exclusive recognition, and shall 
be in lieu of other procedures provided for under this section. A 
decision under such a method shall be final, unless the Board reopens 
and reconsiders a case at the request of the Office of Personnel Man- 
agement under subsection (d) i of this section. 

(i)(l) Upon the submission of any appeal to the Board under 
this section, the Board, through reference to such categories of cases, 
or other means, as it determines appropriate, shall establish and 
announce publicly the date by which it intends to complete action on 
the matter. Such date shall assure expeditious consideration of the 
appeal, consistent with the interests of fairness and other priorities 
of the Board. If the Board fails to complete action on the appeal by 
the announced date, and the expected delay will exceed 30 days, the 
Board shall publicly announce the new date by which it intends to 
complete action on the appeal. 

(2) Not later than March 1 of each year, the Board shall submit 
to the Congress a report describing the number of appeals submitted 
to it during the preceding calendar year, the number of appeals on 
which it completed action during that year, and the number of 
instances during that year in which it failed to conclude a proceeding 
by the date originally announced, together with an explanation of the 
reasons therefor. 

(3) The Board shall by rule indicate any other category of sig- 
nificant Board action which the Board determines should be subject 
to the provisions of this subsection. 

(4) It shall be the duty of the Board, an administrative law judge, 
or employee designated by the Board to hear any proceeding under 
this section to expedite to the extent practicable that proceeding. 

(j) The Board may prescribe regulations to carry out the purpose 
of this section. (PukL. 95-454, Oct. 13, 1978, 92 Stat. 1138.) 

§ 7702. Actions involving discrimination 

(a) (1) Notwithstanding any other provision of law, and except as 
provided in paragraph (2) of this subsection, in the case of any 
employee or applicant for employment who — 

(A) has been effected by an action which the employee or 
applicant may appeal to the Merit Systems Protection Board, and 

(B) alleges that a basis for the action was discrimination pro- 
hibited by — 

(i) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-16c) , 

(ii) section 6(d) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206(d)), 

(iii) section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791), 

(iv) sections 12 and 15 of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 631, 633a) , or 



Sec. 7702 400 

(v) any rule, regulation, or policy directive prescribed 
under any provision of law described in clauses (i) through 
(iv) of this subparagraph, 
the Board shall, within 120 days of the filing of the appeal, decide 
both the issue of discrimination and the appealable action in accord- 
ance with the Board's appellate procedures under section 7701 of this 
title and this section. 

(2) In any matter before an agency which involves — 

(A) any action described in paragraph (1) (A) of this subsec- 
tion ; and 

(B) any issue of discrimination prohibited under any provi- 
sion of law described in paragraph (1) (B) of this subsection; 

the agency shall resolve such matter within 120 days. The decision 
of the agency in any such matter shall be a judicially reviewable action 
unless the employee appeals the matter to the Board under paragraph 
(1) of this subsection. 

(3) Any decision of the Board under paragraph (1) of this sub- 
section shall be a judicially reviewable action as of — 

(A) the date of issuance of the decision if the employee or 
applicant does not file a petition with the Equal Employment 
Opportunity Commission under subsection (b)(1) of this sec- 
tion, or 

(B) the date the Commission determines not to consider the 
decision under subsection (b) (2) of this section. 

(b) (1) An employee or applicant may, within 30 days after notice 
of the decision of the Board under subsection (a) (1) of this section, 
petition the Commission to consider the decision. 

(2) The Commission shall, within 30 days after the date of the peti- 
tion, determine whether to consider the decision. A determination of 
the Commission not to consider the decision may not be used as evidence 
with respect to any issue of discrimination in any judicial proceeding 
concerning that issue. 

(3) If the Commission makes a determination to consider the deci- 
sion, the Commission shall, within 60 days after the date of the deter- 
mination, consider the entire record of the proceedings of the Board 
and, on the basis of the evidentiary record before the Board, as sup- 
plemented under paragraph (4) of this subsection, either — 

(A) concur in the decision of the Board; or 

(B) issue in writing another decision which differs from the 
decision of the Board to the extent that the Commission finds that, 
as a matter of law — 

(i) the decision of the Board constitutes an incorrect inter- 
pretation of any provision of any law, rule, regulation, or 
policy directive referred to in subsection (a) (1) (B) of this 
section, or 

(ii) the decision involving such provision is not supported 
by the evidence in the record as a whole. 

(4) In considering anv decision of the Board under this subsection, 
the Commission may refer the case to the Board, or provide on its own, 
for the taking (within such period as permits the Commission to make 
a decision within the 60-day period prescribed under this subsection) 



? 






401 Sec. 7702 

of additional evidence to the extent it considers necessary to supple- 
ment the record. 

(5) (A) If the Commission concurs pursuant to paragraph (3) (A) 
of this subsection in the decision of the Board, the decision of the 
Board shall be a judicially reviewable action. 

(B) If the Commission issues any decision under paragraph (3) (B) 
of this subsection, the Commission shall immediately reier the matter 
to the Board. 

(c) Within 30 days after receipt by the Board of the decision of 
the Commission under subsection (b) (5) (B) of this section, the Board 
shall consider the decision and — 

( 1 ) concur and adopt in whole the decision of the Commission ; 
or 

(2) to the extent that the Board finds that, as a matter of law, 
(A) the Commission decision constitutes an incorrect interpre- 
tation of any provision of any civil service law, rule, regulation 
or policy directive, or (B) the Commission decision involving 
such provision is not supporte